Borough of Chalfont, PA Solid Waste

[HISTORY: Adopted by the Borough Council of the Borough of Chalfont as indicated in article histories. Amendments noted where applicable.]

Article I Garbage, Rubbish and Refuse Collection

[Adopted 2-21-1973 by Ord. No. 145-A (Ch. 20, Part 1, of the 2010 Code of Ordinances)]

§ 345-1 Short title.

[Amended 8-14-2007 by Ord. No. 366]

This article shall be known and referred to as the "Municipal Waste Collection and Transportation Ordinance of the Borough of Chalfont."

§ 345-2 Definitions and word usage.

[Amended 8-14-2007 by Ord. No. 366]

The following words and phrases, as used in this article, shall have the meanings ascribed to them herein, unless the context clearly indicates a different meaning:

ACT 90

The Pennsylvania Waste Transportation Safety Act of 2002 (P.L. 596, No. 90, June 29, 2002).[1]

ACT 97

The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[2]

ACT 101

The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act 1988-101, July 28, 1988).[3]

ASHES

The residue resulting from the burning of wood, coal, coke or other combustible material.

AUTHORIZED COLLECTOR (NONRESIDENTIAL)

A person, individual, partnership or corporation authorized under the terms of this article to collect and dispose of trade waste from nonresidential properties under the terms of this article.[4]

AUTHORIZED CONTRACTED COLLECTOR

A person, individual, partnership or corporation, employer or agent thereof authorized by contract with the municipality to collect solid waste from residential, commercial and institutional properties, as herein defined, under the terms and conditions of this article.

[Added 6-13-2023 by Ord. No. 468]

COLLECTOR or WASTE HAULER

Any person, firm, partnership, corporation or public agency who is engaged in the collection and/or transportation of municipal waste and/or source-separated recyclable materials.

COMMERCIAL ESTABLISHMENT

Any establishment engaged in a nonmanufacturing or nonprocessing business, including but not limited to stores, markets, offices, restaurants, shopping centers and theaters.

COUNTY

The County of Bucks, Pennsylvania.

DISPOSAL

The deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters of this commonwealth. Disposal facilities include but are not limited to municipal waste landfills and construction/demolition waste landfills, as defined by Act 101, Act 97, and/or PADEP rules and regulations (25 Pa. Code Chapters 75 and 271).[5]

FARM PROPERTY

A body of land devoted to agriculture, either to raising crops, livestock, poultry or pasture.

GARBAGE

All animal and vegetable waste solids resulting from the handling, preparation, cooking and consumption of foods.

INDUSTRIAL ESTABLISHMENT

Any establishment engaged in manufacturing or production activities, including but not limited to factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.

INSTITUTIONAL ESTABLISHMENT

Any establishment or facility engaged in services, including but not limited to hospitals, nursing homes, schools and universities.

LEAF WASTE

Leaves, garden residues, shrubbery and tree trimmings, and similar materials, but not including grass clippings.

LICENSED COLLECTOR or LICENSED WASTE HAULER

A person who has written authorization from the PADEP under Act 90 to collect, haul, transport and dispose of municipal waste.

MUNICIPAL WASTE

Any garbage, refuse, industrial lunchroom or office waste and other material including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities, and any sludge not meeting the definition of "residual or hazardous waste" under Act 97 from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant, or air-pollution control facility. The term does not include any source-separated recyclable materials.

MUNICIPALITY

Any of the 54 minor civil divisions in Bucks County, Pennsylvania.

NONRESIDENTIAL PROPERTY

All properties used for industrial or commercial purposes in which no persons reside, provided that multiple-dwelling residential buildings or projects containing more than four dwelling units, for purposes of this article, shall be treated as nonresidential properties.

PADEP

The Pennsylvania Department of Environmental Protection.

PERSON

Any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, federal government or agency, state institution or agency, or any other legal entity recognized by law as the subject of rights and duties. In any provisions of this article prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.

PROCESSING

Any technology used for the purpose of reducing the volume or bulk of municipal or residual waste or any technology used to convert part or all of such materials for off-site reuse. Processing facilities include but are not limited to transfer facilities, recycling facilities, composting facilities, and resource-recovery facilities.

RECYCLING

The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed of or processed as municipal waste or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the generation of energy.

REFUSE

All solid wastes, except body wastes, and shall include but is not limited to garbage, ashes and rubbish.

RESIDENTIAL PROPERTY

Properties used as dwellings, including buildings having up to four dwelling units in one building; provided that, in the event of multiple-family dwellings, each of said units will be treated as a separate residential property as it relates to the collection of refuse therefrom.

RUBBISH

Glass, metal, paper, plant growth, wood or nonputrescible solid wastes.

SCAVENGING

The unauthorized and uncontrolled removal of any material stored or placed at a point for subsequent collection or from a processing or disposal facility.

SOURCE-SEPARATED RECYCLABLE MATERIALS

Materials, including leaf waste, that are separated from municipal waste at the point of origin or generation for the purpose of recycling.

TRANSPORTATION

The off-site removal of any municipal waste at any time after generation.

[1]

Editor's Note: See 27 Pa.C.S.A. § 6201 et seq.

[2]

Editor's Note: See 35 P.S. § 6018.101 et seq.

[3]

Editor's Note: See 53 P.S. § 4000.101 et seq.

[4]

Editor's Note: The former definition of "authorized collector (residential)," which immediately followed this definition, was repealed 6-13-2023 by Ord. No. 468.

[5]

Editor's Note: 25 Pa. Code Chapter 75 is reserved as of October 10, 1992.

For the purpose of this article, the singular shall include the plural, and the masculine shall include the feminine and neuter.

§ 345-3 Refuse accumulation prohibited; exception; collection by authorized collectors.

[Amended 12-17-1991 by Ord. No. 272-A; 8-14-2007 by Ord. No. 366; 12-11-2007 by Ord. No. 369]

No person shall permit any refuse to accumulate for a period of longer than seven days upon property in the Borough of Chalfont owned or occupied by said person, provided that the owners and occupiers of residential property are hereby required to comply with the provisions of this article relative to making accumulated refuse available for collection as scheduled under the terms hereof. However, the provisions of this subsection are not applicable to owners of farm property.

All refuse accumulated on any property in the Borough of Chalfont shall be collected, conveyed and disposed of by an authorized contracted collector or authorized collector (nonresidential) in accordance with the provisions of this article.

[Amended 6-13-2023 by Ord. No. 468]

All solid waste accumulated on any residential property in the municipality shall be collected, conveyed and disposed of by the authorized contracted collector. Owners and occupiers of residential property are hereby required to make accumulated solid waste available for collection as scheduled under the terms hereof. Furthermore, owners and occupiers of residential property shall place refuse containers of solid waste material no earlier than 24 hours before the scheduled collection date and time at curb or street line at ground level and, further, after collection, shall remove said refuse containers from curb or street line within 24 hours after collection of same. All owners' associations located within the municipality, including those established to operate a condominium, cooperative or planned community, must use the authorized contracted collector for the collection, conveyance and disposal of all solid waste in the association. In the event that any existing owners' association has a current contractual relationship with another collector, the association must use the authorized contracted collector for the collection, conveyance and disposal of solid waste in the association after such contract has expired.

[Amended 6-13-2023 by Ord. No. 468]

All trade waste and other refuse accumulated on nonresidential properties shall be collected, conveyed and disposed of by authorized collectors (nonresidential) upon the direction of the owner or occupier thereof, the fee or payment therefor to be a matter of private agreement between the owners or occupiers and the collector thereof. However, owners of nonresidential properties may collect, convey and dispose of privately generated refuse by their own containers and/or trucks, provided that they comply with the provisions of this article applicable thereto.

It shall be unlawful for any person to collect and/or transport municipal waste from any residential, public, commercial, industrial or institutional establishment within the Borough of Chalfont without first securing written authorization from the PADEP in accordance with the provisions of Act 90.

It shall be unlawful for any person to store, collect and/or transport municipal waste or source-separated recyclable materials from any sources within the Borough of Chalfont in a manner not in accordance with the provisions of this article any applicable municipal ordinance, the Revised County Plan, Act 90, Act 101, the minimum standards and requirements established in Chapter 285 of the PADEP Municipal Waste Management Regulations, any applicable Bucks County Department of Health regulations, and/or any other federal, state or local regulations.

It shall be unlawful for any person to scavenge any material from any municipal waste or source-separated recyclable materials that are stored or placed for subsequent collection within the Borough of Chalfont without prior approval from the municipality.

It shall be unlawful for any such person to collect and dispose of any solid waste within the municipality except as provided in this article.

[Added 6-13-2023 by Ord. No. 468]

§ 345-4 Disposal regulations.

[Amended 10-12-1982 by Ord. No. 211-A; 12-17-1992 by Ord. No. 272-A]

It shall be unlawful to dump, destroy or otherwise dispose of refuse within the jurisdictional limits of the Borough of Chalfont, except at a county-approved refuse disposal site.

The Borough of Chalfont shall designate by separate resolution one or more specific processing and/or disposal facilities where all licensed collectors must, as a condition of licensing, transport and dispose of all municipal waste and/or source-separated recyclable materials collected within the Borough of Chalfont. Processing and/or disposal facilities designated by the Borough must be on the list of county-designated facilities in the Bucks County Municipal Waste Management Plan.

All disposal regulations at the designated disposal site shall be adhered to.

All vehicles used for collection shall use, insofar as practical, only state highways when proceeding to and from the Borough-designated disposal site, except when using roads or streets in those townships or boroughs where licensed to collect.

The Borough of Chalfont shall have the right by separate resolution to require any licensed collector to obtain a contract with any or all processing and/or disposal facilities accepting municipal waste or source-separated recyclable material generated within the Borough. Said contract(s) must provide for a minimum of one year of guaranteed capacity with a contract renewal option of at least one year. Said contract(s) must be accompanied by a notarized statement of the projected annual weight and/or volume of waste or recyclable material to be disposed of at the facility.

§ 345-5 Preparation of refuse; containers.

Preparation of refuse.

(1)

All refuse shall be drained free of liquids before disposal.

(2)

Garbage shall be placed in suitable paper bags prior to depositing in containers.

(3)

Liquids shall be drained from food containers.

(4)

Rubbish shall be placed in approved containers or cut and baled, tied, bundled or packaged to a size and weight so that it may be handled by one man.

Refuse containers.

(1)

Refuse containers shall be made of durable, watertight, rust-resistant material having close-fitting lids and handles to facilitate collection.

(2)

Refuse containers for residences shall be of not more than 32 gallons in capacity. Containers for commercial establishments shall not exceed 40 gallons in capacity.

(3)

It shall be unlawful to permit the accumulation or residue of liquids, solids or a combination of such materials on the bottoms or sides of containers, it being the intention of this provision that the interiors of containers shall be kept clean by thorough rinsing and draining as often as necessary.

(4)

The Borough of Chalfont specifically reserves the right to modify and to specifically provide for some other receptacle for the handling of garbage or other refuse which the Borough Council may at some future time deem to be acceptable, appropriate and beneficial for the handling of said refuse material.

§ 345-6 Collection practices.

[Amended 12-11-2007 by Ord. No. 369]

Place of collection.

(1)

Refuse containers shall, for the purpose of collection, be placed at ground level and be made readily accessible to the collector.

(2)

Notwithstanding provisions of this article, householders, commercial establishments or other persons may, by contract with collectors, be permitted to place containers at agreed places upon their premises.

(3)

Collections shall be made from all properties throughout the Borough. This shall include all streets, accepted or otherwise, and shall include those streets that are temporarily closed for repairs or construction. In the latter case, special collection points shall be designated by the Borough Council if the condition of the street would prevent access thereto by the collector's truck.

Frequency of collections.

(1)

Collection days; schedule and time. The authorized contracted collector shall collect garbage, paper, ashes, trash and rubbish, as defined herein, throughout the Borough on routes and schedules approved by the Borough Council.

[Amended 6-13-2023 by Ord. No. 468]

(2)

Holidays. Refuse collections shall not be made on the following holidays:

(a)

January 1 (New Year's Day).

(b)

Last Monday of May (Memorial Day).

(c)

July 4 (Independence Day).

(d)

First Monday of September (Labor Day).

(e)

Fourth Thursday of November (Thanksgiving Day).

(f)

December 25 (Christmas Day).

(3)

Hours. It shall be unlawful for any person to collect and/or transport municipal waste or source-separated recyclable materials from any sources within the Borough of Chalfont between the hours of 9:00 p.m. and 6:00 a.m. the following day when the latter is a weekday, and between the hours of 9:00 p.m. and 6:00 a.m. the following day when the latter is a legal holiday or a weekend day.

(4)

Routes. All routes, schedules and traffic of trucks upon streets and highways shall be subject to the approval of the Borough Council.

(5)

Cleanup and special collections. The authorized collector shall, on scheduled routes, cooperate with special cleanup drives or weeks as may be promulgated by the Borough, which shall not exceed two in number in any one year. In addition thereto, upon request, the contractor shall provide a separate and special collection on a day or days as may be required in order to collect abandoned Christmas trees.

§ 345-7 Licensing and registration requirements.

[Amended 10-12-1982 by Ord. No. 211-A; 8-14-2007 by Ord. No. 366]

No persons shall collect or remove any municipal waste from within the Borough of Chalfont without first obtaining written authorization from PADEP in accordance with the provisions of Act 90 and providing a copy of such written authorization to the Borough of Chalfont. This section shall not apply to private individuals (e.g., homeowners) who wish to transport their own household waste to PADEP-approved facilities or recyclables to appropriate recycling centers, nor to farmers, landscapers or nurserymen who collect, remove, haul, or otherwise transport agricultural or other organic waste associated with their respective business activities.

For a collector or waste hauler to collect and transport municipal waste within the Borough of Chalfont, a collector or waste hauler shall submit a registration form to the Borough of Chalfont, which shall include a copy of his, her or its state-issued written authorization and a copy of his, her or its municipal and residual waste transport authorization application (DEP Form 2560-PM-BWM0015), along with any of the following information that may be deemed appropriate by the municipality:

(1)

A list of collection vehicles covered under the written authorization, including, as a minimum, the following information for each vehicle: identification information for each vehicle (such as vehicle license number, vehicle registration number, or company identification number); date and location of most-recent vehicle inspection; and hauling capacity of the vehicle.

(2)

The type of municipal waste to be collected and transported.

(3)

Certificate(s) of insurance evidencing that the waste hauler or collector has valid liability, automobile and workers' compensation insurance in the minimum amounts established and required by separate resolution of the governing body of the municipality.

(4)

If they are hauling or collecting source-separated recyclable materials in the municipality, identify the materials being hauled or collected and provide the following information for each vehicle: identification information for each vehicle (such as vehicle license number, vehicle registration number, or company identification number); date and location of most-recent vehicle inspection; and hauling capacity of the vehicle.

Any person who fails to satisfy the minimum standards and requirements of this article or is in violation of the provisions of this article may not lawfully collect municipal waste or source-separated material in the Borough of Chalfont.

All licensed collectors and licensed waste haulers shall meet the requirements of Act 90, Act 97, Act 101, the Bucks County Municipal Waste Management Plan, and all PADEP rules and regulations (25 Pa. Code Chapter 285).

§ 345-8 Collection vehicles, equipment and personnel.

[Amended 8-14-2007 by Ord. No. 366]

All vehicles used for the collection of refuse shall be equipped with compacting devices or equivalent types of closed bodies and shall have enclosed cargo space, unless such collection is done by private individuals from refuse generated on private property, at which time appropriate containers shall be utilized and all other provisions of this article affecting such collection shall be adhered to.

It shall be unlawful to collect, haul, transport or convey refuse in open, unenclosed vehicles, unless such refuse is hauled from private property by the owner. Such refuse shall then be placed in suitable containers, and all other applicable provisions of this article pertaining to the collection and conveying of refuse will be adhered to.

Trucks shall at all times be in good and proper mechanical condition and in compliance with the minimum safety and sanitary regulations of the laws of the Commonwealth of Pennsylvania, County of Bucks and Borough of Chalfont; provided, however, that open-type vehicles may be used only for the collection of large items of debris which cannot, because of size, be collected by ordinary means in accordance with the provisions of Subsection A.

The collector shall furnish proof that he is the owner of the vehicle or vehicles to be used, or he must produce, in writing, a lease or rental agreement between the titled owner of the vehicle or vehicles and the collector.

Vehicles and equipment shall not be overloaded so that garbage or trash may spill or drop on the highways or streets, nor shall the equipment be so designed or maintained so as to permit the leakage of fluids. All trucks shall be regularly cleaned and kept in proper condition and shall bear the name and address of the contractor plainly visible on both cab doors.

All vehicles shall be inspected by a designated agent of the Borough Council for compliance with the provisions of this article prior to the issuance of any license and shall thereafter be inspected every year on or before the anniversary date of said license.

Each truck shall be manned by at least one driver and one collector or helper, except as approved by the Borough Council.

Each truck shall have at least one broom and shovel to clean up refuse that may be spilled or otherwise scattered during the process of collection.

The collector shall file with the Borough Council a list of all vehicles and equipment with identification information thereon. A change in equipment shall be promptly reported to the Borough Council so that at all times its records shall be correct and accurate.

The collector, at his expense, shall store and park the equipment at a convenient and lawful place. No trucks or equipment may be parked or stored on Borough streets except during actual collection periods.

Standards for collection and transportation. All collectors or waste haulers operating within the Borough of Chalfont must comply with the following minimum standards and regulations:

(1)

All trucks or other vehicles used for collection and transportation of municipal waste and/or source-separated recyclable materials must comply with the applicable requirements of Act 90, Act 97, Act 101 and PADEP regulations adopted pursuant to Act 97 and Act 101, including the 25 Pa. Code Chapter 285, Subchapter B, regulations for the collection and transportation of municipal waste.

(2)

All collection vehicles conveying putrescible municipal waste shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors and the creation of odors and other nuisances.

(3)

All collection vehicles conveying nonputrescible municipal waste and/or source-separated recyclable materials shall be capable of being enclosed or covered to prevent litter and other nuisances.

(4)

All collection vehicles conveying municipal waste and/or source-separated recyclable materials shall bear signs identifying the name and business address of the person or municipality which owns the vehicle and the specific type of material transported by the vehicle. All such signs shall have lettering which is at least six inches in height as required by Act 101.

(5)

All collection vehicles and equipment used by collectors or waste haulers shall be subject to inspection by the Borough of Chalfont or its authorized agents at any reasonable hour without prior notification.

§ 345-9 Reporting requirements.

[Added 12-17-1991 by Ord. No. 272-A; amended 8-14-2007 by Ord. No. 366]

All licensed collectors and licensed waste haulers shall promptly report any significant changes in the collection vehicles or equipment covered under the license and any changes in insurance coverage to the Borough.

All licensed collectors and licensed waste haulers shall maintain current, up-to-date records of the collected municipal waste and/or source-separated recyclable material within the Borough of Chalfont. Such records and collected volume reports shall be subject to review by and made available to the Borough or its authorized agents upon written request.

All licensed collectors and licensed waste haulers and collectors and haulers of source-separated recyclable materials operating within the Borough of Chalfont shall participate in the Bucks County Municipal Recycling Documentation Program. The program will provide a system for documenting the origin of municipal waste and source-separated recyclable material by municipality and the ultimate disposal point of said waste and recyclables. Each licensed collector and licensed waste hauler and collector and hauler of source-separated recyclable materials operating in the Borough of Chalfont shall prepare and submit an annual report to the municipality on the official Collectors and Haulers Recyclables Documentation Reporting Form. The report shall be submitted by the PADEP-licensed collector or licensed waste hauler and collectors and haulers of source-separated recyclable materials to the Borough of Chalfont by January 31 of each year and shall include all of the required information pertaining to the preceding calendar year.

All annual reports submitted to the municipality from licensed collectors and licensed waste haulers and collectors and haulers of source-separated recyclable materials shall be combined into a single report and submitted by the municipality, on the official Municipal Recyclables Documentation Reporting Form, to the county by February 28 of the year following the reporting period.

§ 345-10 Violations and penalties.

[Amended 5-10-1977 by Ord. No. 178-A; 12-18-2001 by Ord. No. 326; 8-14-2007 by Ord. No. 366]

Any person who shall violate any provision of this article, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense. For purposes of this section, the doing of any act or thing prohibited by any provision of this article, or the failure to do any act or thing as to which any provision of this article creates any affirmative duty, shall constitute a violation of this article, punishable as herein stated. Licensed collectors and licensed waste haulers who shall violate any provision of this article may be reported to the PADEP by the Borough of Chalfont and may be subject to the revocation of the state authorization to transport municipal waste, as described in Act 90.

The Borough Council shall have the right, at any time and without refund of any part of the registration fee, to suspend or revoke the registration of any collector for any of the following causes:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1)

False or misleading statement in the application for a license.

(2)

Lapse or cancellation of insurance coverage.

(3)

Collecting or transporting refuse in a careless or negligent manner resulting in dirt, odor or any unsanitary condition.

(4)

Violation of any section of this article, any other applicable county or Borough ordinances, the Bucks County Municipal Waste Management Plan or any applicable Pennsylvania laws or regulations.

The Borough of Chalfont may petition the Bucks County Court of Common Pleas for an injunction, either mandatory or prohibitive, in order to enforce any of the provisions of this article.

Article II Solid Waste and Recycling

[Adopted 2-10-2009 by Ord. No. 382 (Ch. 20, Part 2, of the 2010 Code of Ordinances)]

§ 345-11 Title.

This article shall be known as the "Municipal Waste Collection and Recycling Ordinance."

§ 345-12 Definitions and word usage.

As used in this article, the following terms shall have the meanings indicated:

ACT 97

The Solid Waste Management Act of 1980.[1]

ACT 101

The Municipal Waste Planning, Recycling and Waste Reduction Act of 1988.[2]

ALUMINUM

Empty, all-aluminum beverage and food containers, commonly known as "aluminum cans."

BIMETAL CANS

Empty food or beverage containers constructed of a mixture of ferrous metal, usually steel, and nonferrous metal, usually tin.

BULK ITEMS

Any large, durable goods such as refrigerators, washing machines, window air conditioners, hot-water heaters, dishwashers and any other major home appliances, in addition to other large bulk items such as dressers, beds, mattresses, sofas, television sets and other large household items.

BUSINESS(ES)

The legal owner, occupant or lessee of a commercial, industrial or cooperative enterprise, firm, partnership, corporation, association, institution, trust or governmental entity that engages in any form of business or governmental operations.

CORRUGATED PAPER

Paper products made of a stiff, moderately thick paperboard containing folds or alternating ridges, commonly known as "cardboard."

DEP

The Pennsylvania Department of Environmental Protection.

GLASS

Products made from silica or sand, soda ash and limestone. The product may be transparent (clear) or colored (e.g., brown or green) and used as a container for packaging (e.g., jars) or bottling of various matter. Expressly excluded are noncontainer glass, window or plate glass, light bulbs, blue glass and porcelain and ceramic products.

HIGH-GRADE OFFICE PAPER

All types of high-grade white or colored paper, bond paper and computer paper used in commercial, institutional, business, office and municipal establishments.

HOUSEHOLD HAZARDOUS WASTE

Small quantities of hazardous waste (as defined in the Solid Waste Management Act)[3] available to a person or entity on a retail basis, such as pesticides, certain paints, paint thinners and solvents, cleaning agents and automotive products.

LANDLORD(S)

Any individual or organizational owner who rents and/or leases residential units, commercial space or an industrial complex(es). Landlords own the properties in question and deal directly with their tenants or lessees.

MAGAZINES AND PERIODICALS

Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Such matter typically has a gloss or shine added to the paper. Expressly excluded are all other paper products of any nature whatsoever.

MIXED PAPER

All types of paper combinations, such as colored paper, carbonless forms, ledger paper, colored paper envelopes, mixtures of high-grade office paper and the like.

MUNICIPALITY

The Borough of Chalfont.

MUNICIPAL WASTE

Any municipal waste as defined by Section 103 of the Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, 35 P.S. § 6018.101 et seq., and Section 103 of Act 101[4], and any rules and regulations promulgated thereunder.

MUNICIPAL WASTE COLLECTOR(S)

Any collector, remover, transporter and/or hauler of municipal waste and/or recyclable materials in the Borough of Chalfont. A municipality shall be considered a municipal waste collector if it provides manpower and equipment for the collection of municipal waste.

NEWSPAPER

Paper of the type commonly referred to as "newsprint" and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest.

PERSON or ENTITY

Any individual, firm, partnership, corporation, business, association, institution, cooperative enterprise, trust, municipality, municipal authority, federal institution or agency, state institution or agency (including but not limited to the Department of General Services and the Public School Building Authority), other governmental agency or any other legal entity or group whatsoever which is recognized by law as the subject of rights and duties. In any provision of this article prescribing a fine, penalty or imprisonment, or any combination of the foregoing, the term "person" or "entity" shall mean the officers and directors of any corporation or other legal entity having officers and directors.

PLAN or COUNTY PLAN

The latest revision of the Countywide Municipal Waste Management Plan adopted by the county and approved by the DEP, as such may hereinafter be supplemented, revised, amended or modified in compliance with the law.

PLASTIC CONTAINERS

Empty plastic food and beverage containers. Due to the large variety of plastics, the recycling regulations will stipulate the specified types of plastics that may be recycled.

RECYCLABLE MATERIALS

Materials generated by a person or entity which can be separated from municipal waste and returned to commerce to be reused as a resource in the development of useful products. Materials which may be recycled include but are not limited to glass (clear, brown or green), aluminum, steel and bimetal cans, high-grade office paper, mixed paper, newspaper (including newspaper inserts, junk mail and telephone books), corrugated paper, magazines and other periodicals, plastic containers and other materials as may be designated from time as recyclable materials.

RECYCLING COLLECTOR

A municipal waste collector engaged in the collection, removal, transportation or hauling of recyclable materials.

RECYCLING PROCESSORS

Entities which receive recyclable materials, separate recyclable materials from nonrecyclable residue and market the separated recyclable materials for reuse or remanufacture.

RENTAL AGENT(S)/PROPERTY MANAGER(S)

Any individual or organization who or which assumes the owner's responsibility in renting and/or leasing residential units, commercial space or industrial complexes. Agents do not own the properties in question but deal directly with tenants or lessees on behalf of the owner(s).

RESIDENT(S)

The legal owner, occupant or lessee of a single-family residential unit in a municipality served by curbside collection of municipal wastes and/or recyclables or the owner, occupant or lessee of any other type of multifamily residential unit, including but not limited to townhomes, duplexes, condominiums and apartments, whose multifamily unit has curbside collection of municipal waste and/or recyclables. Also classified as a resident will be any business professional who operates a profession from his/her personal residence.

YARD WASTE

Twigs, shrub trimmings, small branches and like vegetative matter (including grass clippings).

[1]

Editor's Note: See 35 P.S. § 6018.101 et seq.

[2]

Editor's Note: See 53 P.S. § 4000.101 et seq.

[3]

Editor's Note: See 35 P.S. § 6018.101 et seq.

[4]

Editor's Note: See 53 P.S. § 4000.103.

All terms not separately defined in this article that are contained in Act 97 and Act 101 are incorporated herein by reference.

§ 345-13 Legislative intent.

The reduction of the amount of municipal waste and conservation of recyclable materials is an important public concern by reason of the growing problem of municipal waste disposal and its detrimental impact on the environment. It is the intent of this article to require, promote and regulate recycling activities in the municipality and to protect the health, safety and welfare of residents.

This article has been developed to meet and implement municipal responsibilities established under Act 101.

It is the intent of this article to promote intergovernmental cooperation in recycling activities to more efficiently conduct recycling programs and to reduce costs.

The Borough of Chalfont may establish, by resolution, rules and regulations related to the administration of the recycling program and to administer and enforce against violations of all such rules and regulations. The Borough of Chalfont shall determine the recyclable materials to be separated by residents, noncurbside residents and businesses and collected by municipal waste collectors; however, this designation may be changed by the Borough of Chalfont from time to time. All commercial, industrial and institutional establishments shall also be required to separate the materials designated by the Borough of Chalfont for recycling.

In accordance with Section 1501(c)(1)(iii) of Act 101,[1] the Borough of Chalfont shall be authorized to exempt persons occupying commercial, institutional and industrial establishments from the requirements of this article if they have otherwise provided for the recycling of materials designated by this article and any subsequent resolutions. To be eligible for this exemption, the commercial, industrial or institutional waste generator must provide, on an annual basis, written documentation to the municipality and the Borough of Chalfont of the total quantity of each material recycled, in the form required by the Act as provided for in the Borough of Chalfont's rules and regulations. Exemptions shall be handled administratively by the Borough of Chalfont.

[1]

Editor's Note: See 53 P.S. § 4000.1501(c)(1)(iii).

§ 345-14 Responsibilities of waste generator.

Each person or entity who or which generates municipal waste in the Borough of Chalfont shall be responsible for complying with the requirements of this article for the separation of recyclable materials as required by Act 101 as implemented by the Borough of Chalfont. This shall include tenants and lessees occupying leased properties.

Owners, landlords or rental agents of any leased property, other than a single-family-occupied property, shall be responsible for publicly posting educational information provided by the Borough of Chalfont and/or municipal waste collectors, providing appropriate recyclable material collection containers and providing for pickup of such containers in accordance with this article. Owners, landlords or rental agents of a single-family-occupied property may assign such responsibility to the tenant or lessee occupying the property through a lease or rental agreement or other written assignment.

Every person or entity must separate household hazardous waste from the recyclable materials and other municipal waste. It is the responsibility of a person or entity to dispose of household hazardous waste in accordance with applicable law as implemented by Bucks County.

All occupants of single-family homes, including townhomes and row homes where individual municipal waste collection occurs, shall maintain a separate container of the type specified or provided by the Borough of Chalfont or municipal waste collector to collect all designated recyclable materials in a commingled or modified commingled (e.g., different materials separated into paper bags and placed in the container) fashion, as established by the municipal waste collector, subject to the rules and regulations of the Borough of Chalfont. No municipal waste or recyclable material container shall be placed at the curb or in the front yard of any resident's property except during the period beginning at 6:00 p.m. on the evening prior to the day of scheduled collection, and the empty container shall be removed by 11:59 p.m. on the day of scheduled collection. Enforcement of container rules for placement at curbside shall be the responsibility of the municipality. Newspapers may also be placed in paper bags (no plastic bags) or bundled and tied, both across and lengthwise, with rope or cord, and shall be kept dry prior to collection and placed at curbside with the recycling container. No such municipal waste containers or recyclable material containers, including bundles of newspapers (other than containers supplied by municipal waste collectors), shall weigh more than 50 pounds.

Owners or landlords of any multifamily residential units where individual residential refuse collection does not occur shall be responsible for providing suitable containers or dumpsters for recyclable materials. Such containers or dumpsters shall be provided through arrangements with a municipal waste collector, and source-separated or commingled recyclable material containers or dumpsters may be utilized. The containers or dumpsters must be provided at easily accessible locations, and written instructions must be provided to the occupants concerning the use and availability of such containers or dumpsters. Owners or landlords of multifamily residential units who comply with the requirements of this subsection shall not be liable for the noncompliance of any persons or entity occupying their buildings as such noncompliance relates to separation of materials. All tenants or lessees of multifamily residential units shall be responsible for separating recyclable materials and placing them in the containers or dumpsters provided for such purposes.

Owners or landlords of any institutional, commercial, business or industrial establishment shall be required to meet the same requirements outlined in § 348-15B, unless exempted under § 345-13E of this article or unless such responsibilities are specifically assigned, in writing, to the tenant or lessee of such property.

§ 345-15 Materials to be recycled.

All homes, apartments and other residential establishments shall be required to separate and recycle the following: clear glass, colored glass, newsprint (including newspaper inserts, junk mail and telephone books), aluminum cans, steel cans, bimetallic cans, No. 1 PET plastics and No. 2 HDPE plastics.

Commercial establishments will be required to recycle the following: cardboard, office paper, newspaper (including newspaper inserts, junk mail and telephone books), clear glass, colored glass, aluminum cans, steel cans, bimetallic cans, No. 1 PET plastics and No. 2 HDPE plastics.

Hospitality establishments, which include restaurants and taverns, shall be required to recycle the following: cardboard, office paper, newspaper (including newspaper inserts, junk mail and telephone books), clear glass, colored glass, aluminum cans, steel cans, bimetallic cans, No. 1 PET plastics and No. 2 HDPE plastics.

§ 345-16 Responsibilities of municipal waste collectors.

Reporting and recordkeeping requirements.

(1)

Unless specifically provided otherwise in the Borough of Chalfont's rules and regulations, all municipal waste collectors shall deliver or send, at least every six months, an information sheet that names the materials which are to be recycled.

(2)

Municipal waste collectors shall be responsible for obtaining weight and volume data on all municipal waste and recyclable materials collected by them in the Borough of Chalfont. Said data shall be supplied to the Borough of Chalfont on an annual basis by January 31 for the preceding year. Such report shall include the name of the market or processor where recyclable materials are delivered and shall be signed by an officer of the municipal waste collector.

(3)

Municipal waste collectors shall maintain records of their collection, removal, transportation and hauling activities for each municipality and make them available for inspection by the Borough of Chalfont, in accordance with the rules and regulations of the Borough of Chalfont.

Collection, processing, marketing and reporting requirements.

(1)

Each municipal waste collector operating in the municipality shall be responsible for complying with the requirements of this article and the Borough of Chalfont's rules and regulations for the collection, processing and marketing of recyclable materials.

(2)

The municipal waste collector shall, in providing refuse collection and disposal services, also provide for the collection of recyclable materials. Unless specifically provided otherwise in the Borough of Chalfont's rules and regulations, where once- or twice-a-week municipal waste collection is provided, the municipal waste collector must provide at least once-a-week recyclable material collection. Customers using once-a-month municipal waste collection must have recyclable materials collected at least once a month.

(3)

A municipal waste collector shall not be permitted to allow recycling containers or dumpsters to fill beyond capacity and shall schedule the frequency of such collection accordingly.

(4)

The municipal waste collector shall be responsible for the processing and marketing of the recyclable materials or the delivery of recyclable materials to a recycling processor. Such activities may be conducted by the municipal waste collector or any agent thereof or a private entity conducting such business, a nonprofit entity able to undertake such effort or any governmentally owned or operated facility capable of such functions.

(5)

The municipal waste collector shall, prior to initiating processing and marketing activities, provide the Borough of Chalfont with a summary of its proposed efforts, including the location of the facility(ies) to which the recyclable materials will be delivered, to the maximum extent possible. All such facility(ies) shall be appropriately licensed and permitted. Updates shall be provided as changes are made.

(6)

All municipal waste collectors shall keep records of the quantities of recyclable materials collected in the municipality. The records shall include the weight of the total quantities of recyclable materials and total quantities of municipal waste and an estimate of the corresponding volume of material for both recyclable materials and municipal waste. Estimates of the individual components comprising the commingled recyclable materials shall also be provided. Written reports shall be provided to the Borough of Chalfont on reporting forms provided by the Borough of Chalfont and shall include the name and location of the processing center and/or recyclable materials dealer and shall be submitted in accordance with the time schedules established in this article.

(7)

Yard waste quantities which are collected for recycling shall be recorded by the municipal waste collector collecting such materials. Such quantities may be in the form of estimates on either a cubic-yard or tonnage basis collected, and written documentation must be provided to the Borough of Chalfont by January 31 of each year for materials collected in the preceding calendar year of the total quantity of leaf waste collected. The collector has the option of reporting tonnage either in compacted or uncompacted cubic yards.

(8)

Municipal waste collectors shall not collect refuse, recyclable materials or any other wastes between the hours of 9:00 p.m. and 6:00 a.m. Failure to comply with this provision shall subject a municipal waste collector to enforcement by the Borough of Chalfont.

§ 345-17 Ownership of recyclable materials and municipal waste.

All recyclable materials and municipal waste placed at curbside for collection or in any container or dumpster designated for recyclable materials shall become the property of the municipal waste collector providing the service, except as outlined in § 345-18 of this article.

It shall be a violation of this article for any person or entity, other than the municipal waste collector providing the service, to collect or remove any of the recyclable materials from their designated collection location, except as outlined in § 345-18 of this article. Each unauthorized collection from one or more designated locations on one calendar day in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.

§ 345-18 Alternate recycling activities.

Any person, volunteer organization or other entity may utilize alternative methods, other than collection by a municipal waste collector, to accomplish the purpose of reutilizing recyclable materials. Any such person, volunteer organization or other entity shall register such programs with the Borough of Chalfont recycling consultant and the municipality where the recycling activity shall take place. All recyclable materials tonnage data shall be collected and reported to the Borough of Chalfont recycling consultant in accordance with all applicable procedures for the reporting of such information.

The Borough of Chalfont is authorized to permit an alternate recycling program to be developed in accordance with Section 1501(h) of Act 101[1] if the requirements of that paragraph can be complied with. The Borough of Chalfont shall, before implementation of the program, review and approve the program. The municipal waste collector conducting the program must provide annual written documentation to the Borough of Chalfont of the total quantity of each material recycled.

[1]

Editor's Note: See 53 P.S. § 4000.1501(h).

§ 345-19 Violations and penalties.

Any person or entity violating the provisions of this article pertaining to the separation of recyclable materials, including commingling of recyclable materials with municipal waste by haulers and their employees, shall receive an official written warning sent by certified mail, return receipt requested. Thereafter, within two years from the date of the written warning for the first offense, any person or entity violating any of the provisions of this article pertaining to the separation of recyclable materials within the boundaries of the Borough of Chalfont shall be subject to a criminal fine not to exceed $2,500 per violation, plus damages, court costs and reasonable attorneys' fees, and imprisonment in the Bucks County Correctional Facility to the extent allowed by law for the punishment of summary offenses. Enforcement of any such violations shall be by action before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.

Any person or entity who shall violate any provision of this article not covered in Subsection A above shall, upon conviction, be subject to a criminal fine not to exceed $1,000 per violation, plus damages, court costs and reasonable attorneys' fees, and imprisonment in the Bucks County Correctional Facility to the extent allowed by law for the punishment of summary offenses. Enforcement of any such violations shall be by action before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Each day on which a violation of this article continues shall constitute a separate offense punishable by a like fine or penalty.

No municipal waste collector shall knowingly collect municipal waste which contains unsegregated recyclable materials. The municipal waste collector shall provide a person or entity violating the provisions contained herein regarding the separation of recyclable materials with written notice for the first offense and also provide the Borough of Chalfont with the same written notice. Any municipal waste collector who shall knowingly violate the provisions of this subsection and collect municipal waste containing recyclable materials from a person or entity who or which has previously been notified by the Borough of Chalfont and/or a municipal waste collector of noncompliance shall receive an official warning for the first offense. The municipal waste collector, for subsequent offenses within a two-year period of the warning, upon conviction, shall be sentenced to pay a fine of not less than $1,000 and not more than $5,000, plus damages and costs of prosecution, for each and every offense or, in default of the payment of such fine and costs, to undergo imprisonment for not more than 30 days.

The Borough of Chalfont is authorized to establish, through its rules and regulations, procedures through which violations of this article and of the Borough of Chalfont's rules and regulations themselves may be determined and administrative sanctions therefor, including but not limited to imposition of monetary penalties.

Nothing in this section shall be construed to limit the Borough of Chalfont's remedies, which shall include but not be limited to the filing of actions at law or in equity seeking damages and/or injunctive relief.