[HISTORY: Adopted by the Borough Council of the Borough of
Newtown 7-8-1975 by Ord. No. 326A; amended in its entirety 9-11-2007 by Ord. No. 683 (Ch. 93 of the 1982 Code).
Subsequent amendments noted where applicable.]
The following words, when used in this chapter, shall have the
meanings ascribed to them in this section, except in those instances
where the context clearly indicates otherwise:
The Pennsylvania Waste Transportation Safety Act of 2002,
as amended.[1]
The Pennsylvania Solid Waste Management Act of 1980, as amended.[2]
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988, as amended.[3]
The residue from the burning of wood, paper, coal, coke or
other combustible material.
A person licensed and authorized by the Pennsylvania Department
of Environmental Protection to collect and dispose of trash, recyclables,
bagged leaves, waste and bulk items from nonresidential properties
under the terms and conditions of this chapter.
A person licensed and authorized by the Pennsylvania Department
of Environmental Protection to collect and dispose of trash, recyclables,
bagged leaves, waste and bulk items from residential properties under
the terms and conditions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Normal household items of extraordinary size, such as appliances,
furniture, bedding and rugs, as well as branches up to six inches
in diameter; does not include large machinery or vehicles, automotive
parts and equipment, such as batteries, hoods, truck caps or tires,
steel, tree stumps, building or demolition material, fences, stones,
earth, cement, bricks or branches in excess of six inches in diameter.
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.
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, offices,
restaurants, shopping centers and theaters.
The County of Bucks, Pennsylvania.
The Pennsylvania Department of Environmental Protection.
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 Department rules and regulations (25 Pa. Code
Chapter 271, Municipal Waste Management - General Provisions, and
25 Pa. Code Chapter 277, Construction/Demolition of Waste Landfills).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An oversized container for the collection of municipal waste,
trash, rubbish, refuse, garbage and other disposables, including construction
waste, which cannot be lifted, emptied or transported except by truck.
Different regulations may apply, as set forth in this chapter, to
dumpsters used in connection with temporary construction projects
and dumpsters used in connection with the collection of everyday municipal
waste.
All animal and vegetable waste solids resulting from the
handling, preparation, cooking and consumption of foods.
Bottles and jars made of clear, green or brown glass; does
not include noncontainer glass, plate glass, blue glass and porcelain
or ceramic products.
All grass residue, but not including leaf waste.
Solid or liquid waste which is especially harmful or potentially
harmful to public health, including but not limited to explosives,
toxic materials and medical waste.
Any establishment engaged in manufacturing or production
activities, including, but not limited to, factories, foundries, mills,
processing plants, refineries, mines and slaughterhouses.
Municipal waste which is or may be contaminated by disease-producing
microorganisms or material or which may harm or threaten human health.
Any establishment or facility engaged in services, including,
but not limited to, hospitals, nursing homes, schools and universities.
All leaves, garden residues, shrubbery and tree trimmings,
and similar materials, but not including grass clippings.
Any collector with written authorization from the Department
under Act 90 to collect, haul, transport and dispose of municipal
waste.
Beverage and food containers consisting of aluminum, steel
or tin or a combination of said materials.
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.
Any of the 54 minor civil divisions in Bucks County, Pennsylvania.
Publications made of newsprint and sold or distributed at
stated intervals, customarily containing and having as their primary
purpose newsworthy items, advertisements or other matters of public
interest; also includes magazines, periodicals and cardboard.
Properties used for industrial or commercial purposes in
which no persons reside; also includes multifamily residential buildings
and apartment houses containing more than four dwelling units.
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 chapter 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.
Soda, milk, juice, water or other liquid containers, including
plastics Nos. 1 and 2, with a recycling symbol ("PETE" or "HDPE")
on the underside, including all lids, tops, neck rings and labels.
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.
Metal cans, glass, newsprint and plastics.
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 as a fuel for the generation of energy.
[Added 9-11-2007 by Ord.
No. 683]
Properties used for dwelling purposes, including single-family
residences as well as multifamily buildings and apartment houses containing
up to four dwelling units, in which case each unit shall be considered
a separate residential property for the purposes of this chapter.
The Bucks County Municipal Waste Management Plan Revision
of 2004, as approved by the Department on January 17, 2006.
Nonrecyclable glass, metal, paper and plastic, as well as
wood and other nonputrescible solid waste.
The unauthorized and uncontrolled removal of any material
stored or placed at a point for subsequent collection or from a processing
or disposal facility.
Any materials, including leaf waste, that are separated from
municipal waste at the point of origin or generation for the purpose
of recycling. The phrase includes, but is not limited to, all recyclables.
The off-site removal of any municipal waste at any time after
generation.
All solid waste materials, including but not limited to ashes,
garbage, rubbish and grass clippings.
Garden residue; shrubbery and tree trimmings.
A.
No person shall permit any municipal waste, garbage, trash, recyclables,
rubbish, leaf waste, yard waste, grass clippings or bulk items to
accumulate for a period of time in excess of 24 hours upon a residential
property and for a period of time in excess of 48 hours upon a nonresidential
property owned or occupied by the person, and all owners and occupiers
of residential and nonresidential property are required to comply
with the provisions of this chapter regarding the collection of municipal
waste, garbage, trash, recyclables, rubbish, leaf waste, yard waste,
grass clippings or bulk items.
B.
All municipal waste, trash, recyclables, rubbish, leaf waste, yard
waste, grass clippings and bulk items accumulated upon any property
in Newtown Borough shall be collected, conveyed and disposed of by
a licensed collector in accordance with the provisions of this chapter.
C.
To comply with the provisions of this chapter, all owners and occupiers
of residential properties in Newtown Borough are required to secure
the services of a licensed collector. The payment for the services
of the licensed collector shall be a matter of private agreement between
the owner/occupier and the licensed collector.
D.
To comply with the provisions of this chapter, all owners and occupiers
of nonresidential properties in Newtown Borough are required to secure
the services of a licensed collector. The payment for the services
of the licensed collector shall be a matter of private agreement between
the owner/occupier and the licensed collector.
A.
It shall be unlawful for any person to collect and/or transport municipal
waste from any residential, public, commercial, industrial or institutional
establishment within Newtown Borough without first securing written
authorization from the Department in accordance with the provisions
of Act 90.
B.
It shall be unlawful for any person to store, collect and/or transport
municipal waste or source-separated recyclable materials from any
sources within Newtown Borough in a manner not in accordance with
the provisions of this chapter or other applicable Newtown Borough
ordinances, the Revised County Plan, Act 90, Act 101, the minimum
standards and requirements established in Chapter 285 of the Department's
Municipal Waste Management Regulations (in 25 Pa. Code), any applicable
Bucks County Department of Health regulations, and/or any other federal,
state or local regulations.
C.
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 Newtown Borough
without prior approval from the Borough.
D.
It shall be unlawful for any licensed collector of source-separated
recyclable materials operating within Newtown Borough to collect municipal
waste within Newtown Borough except in accordance with the pickup
hours identified in this chapter, unless otherwise granted an exemption
and authorized by the Newtown Borough Council.
E.
It shall be unlawful for any licensed collector to not complete its
collections in Newtown Borough on the licensed collector's regularly
scheduled pickup day(s) as permitted in this chapter, unless otherwise
authorized by the Newtown Borough Council.
F.
Unless specifically provided in this chapter or upon prior authorization
from the Department, it shall be unlawful for any licensed collector
to dispose of any municipal waste, trash, recyclables, rubbish, leaf
waste, yard waste, grass clippings and/or bulk items within the jurisdictional
limits of Newtown Borough.
A.
All collectors operating within Newtown Borough must comply with
the minimum standards and regulations set forth in this section and
elsewhere in this chapter.
B.
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 Department regulations adopted pursuant to Act 97 and Act 101,
including Title 25 Pa. Code Chapter 285, Subchapter B, regulations
for the collection and transportation of municipal waste.
C.
All collection vehicles conveying municipal waste and/or source-separated
recyclable materials shall be operated and maintained in a manner
that will prevent creation of a nuisance or a hazard to public health,
safety and welfare.
D.
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.
E.
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.
F.
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.
G.
All collection vehicles and equipment used by collectors shall be
subject to inspection by Newtown Borough or its authorized agents
at any reasonable hour without prior notification.
H.
All municipal waste, trash, recyclables, rubbish, leaf waste, yard
waste, grass clippings and bulk items must be disposed of in a manner
approved by the rules and regulations of the Department, the Pennsylvania
Department of Health, and the county at approved disposal sites.
I.
Each collector shall comply with the disposal regulations at its
respective disposal sites.
A.
Preparation.
(1)
All trash and recyclables shall be drained free of liquids before
being made available for disposal.
(2)
Materials for disposal shall be placed in approved containers.
(3)
Any bulk item which is too large to be placed in an approved container
must be disassembled, broken or cut up as much as is practicable.
Any materials for disposal not placed in an approved container must
be baled, tied, bundled or packaged in a size and weight that can
be handled by one man.
(4)
Containers shall be placed for collection at ground level on the
property at the curbline or within five feet of the street at one
collection point and shall be set out no earlier than 6:00 p.m. on
the day before a collection is scheduled.
(5)
After collection, empty containers and lids shall be removed from
the curbline within the same day that collection is made.
(6)
Dumpster.
(a)
Subject to the provisions of this subsection, the use of a dumpster
is permitted within Newtown Borough. Use of the dumpster shall not
violate any other applicable codes or regulations, including without
limitation all applicable Newtown Borough zoning regulations.[1]
(b)
Subject to the provisions of Subsection A(6)(c) below, the dumpster must be located at all times within the boundaries of the property owner's lot and shall not obstruct or encroach upon any public or private street, alley, sidewalk or road.
(c)
Under special circumstances, including, without limitation,
space limitations or those situations involving temporary construction
projects, a dumpster may be placed partially or entirely in or on
a public or private sidewalk or roadway, if also authorized by the
Newtown Borough Police Department. The Police Department shall attach
whatever conditions are deemed necessary to protect the health, safety
and welfare of the public.
(d)
Use of an oversized dumpster for temporary construction projects
is temporary. In these situations, a dumpster shall not be located
on a property or elsewhere with a permit longer than the project's
duration, but in no event shall use of a dumpster exceed 90 days,
unless extended by the Newtown Borough Code Enforcement Officer.
(e)
No dumpster for construction or other projects other than ordinary
municipal trash collection shall be placed in Newtown Borough without
the property owner or occupant, or his/her agent, first obtaining
a permit. The permit shall be issued by the Newtown Borough Code Enforcement
Officer. The permittee shall submit a completed application on a form
provided by Newtown Borough, along with the required application fee
and all required information. The Code Enforcement Officer shall issue
the permit within 15 days of receipt of the completed application;
provided, however, that if the dumpster's proposed location is, in
whole or in part, on a public or private street, alley, sidewalk or
road, the Newtown Borough Police Department shall first review and
approve the permit application.
(f)
A per diem fee, separate from the application, shall be charged
for each day that the construction dumpster is in place or use. This
per diem fee is payable at the time the permit is issued. Both the
application fee and the per diem fee shall be established by resolution
of Borough Council as set forth in the Newtown Borough Fee Schedule.[2]
[2]
Editor's Note: The Fee Schedule is on file in the Borough
offices.
B.
Approved containers.
(1)
Containers for the disposal of trash, recyclables and bulk items
shall be made of metal or vinyl plastic and must be watertight. Cans
must have tight-fitting lids.
(2)
Containers for bagged leaves and yard waste shall be made of biodegradable
paper only.
(3)
All containers must be rust-resistant and watertight and shall be
kept in as sanitary a condition as possible in view of their use.
A.
Vehicles, equipment and personnel.
(1)
All vehicles used for the collection of trash, recyclables, bagged
leaves, yard waste and bulk items shall meet the minimum requirements
of the Department for municipal waste transportation vehicles.
(2)
Each collector shall furnish proof from the Department to Newtown
Borough that he is authorized to conduct municipal waste transportation
activities within the Commonwealth of Pennsylvania.
(3)
Any trash or fluids spilled by a collector must be immediately cleaned
up and placed in the truck.
(4)
Each collector must file with Newtown Borough all authorizations
issued by the Department for the collector to conduct municipal waste
transportation activities in Newtown Borough.
B.
Frequency of collections; routes.
(1)
Authorized collectors shall collect trash, recyclables, bagged leaves,
yard waste and bulk items throughout the Borough on Tuesdays and/or
Fridays only.
(2)
If a scheduled collection falls on any one of the following holidays,
no collection shall occur; rather, collection shall be made the following
day, provided that day is not a Sunday: Independence Day, Christmas
Day or New Year's Day.
(3)
Collections shall begin no earlier than 6:00 a.m. and must be concluded
by 4:00 p.m. on the scheduled days.
(4)
Each truck shall follow the same route so that services to residents
will be at reasonably uniform times.
A.
No person shall collect or remove any municipal waste from within
Newtown Borough without first obtaining written authorization from
the Department in accordance with the provisions of Act 90 and providing
a copy of such written authorization to Newtown Borough. This section
shall not apply to private individuals (e.g., homeowners) who wish
to transport their own household waste to DEP-approved facilities
or transport 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.
B.
Every collector conducting municipal waste collection and/or transportation
activities or services in Newtown Borough shall register with Newtown
Borough on forms provided by Newtown Borough. Every collector shall
furnish to the Newtown Borough Code Enforcement Officer at the Newtown
Borough Municipal Building the following minimum documents:
(1)
A copy of the collector's Department-issued written authorization
and a copy of its municipal and residual waste transporter authorization
application (DEP Form 2500-PM-B WM0015);
(2)
A list of collection vehicles covered under the written authorization,
including, as a minimum, the following information for each vehicle:
(3)
The type of municipal waste to be collected and transported;
(4)
Certificate(s) of insurance evidencing that the waste hauler or collector
has valid liability, automobile and workmen's compensation insurance
in the minimum amounts established and required by separate resolution
of Newtown Borough Council;
(5)
If the collector is hauling or collecting source-separated recyclable
materials in Newtown Borough, 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 the most recent vehicle inspection; and hauling
capacity of the vehicle, along with any of the following information
that may be deemed appropriate by Newtown Borough; and
(6)
All other documents and other authorizations issued by any governmental
agency with jurisdiction authorizing the collector to conduct municipal
waste and/or source-separated recyclable materials collection and/or
transportation activities or services in the Commonwealth of Pennsylvania.
C.
Every collector or other person supplying a dumpster to any property
owner and/or occupant in Newtown Borough shall register with Newtown
Borough on forms provided by Newtown Borough.[1]
D.
Any person who fails to satisfy the minimum standards and requirements
of this chapter or who is in violation of the provisions of this chapter
may not lawfully collect municipal waste or source-separated material
in Newtown Borough.
E.
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 Department rules and regulations (25
Pa. Code Chapter 285).
A.
All licensed collectors and licensed waste haulers and collectors
and haulers of source-separated recyclable materials operating within
Newtown Borough 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
collectors and haulers of source-separated recyclable materials operating
in Newtown Borough shall prepare and submit an annual report to Newtown
Borough on the official collectors and haulers recyclables documentation
reporting form. The report shall be submitted by the Department-licensed
collector or licensed waste hauler and collectors and haulers of source-separated
recyclable materials to Newtown Borough by January 31 of each year
and shall include all of the required information pertaining to the
preceding calendar year.
B.
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 Newtown Borough on the official municipal recyclables documentation
reporting form to the county by February 28 of the year following
the reporting period.
A.
This chapter is to be administered and enforced by the Newtown Borough
Code Enforcement Officer. The Newtown Borough Code Enforcement Officer
is authorized to propose rules, regulations and forms as are necessary
to implement the provisions of this chapter. Such rules, regulations
and forms shall become effective only upon approval of the Newtown
Borough Council.
B.
Any person or entity that violates any provision of this chapter
or shall fail to comply with any of the requirements of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys’ fees incurred by the Borough in the
enforcement proceedings. Upon judgment against any person by summary
conviction, or by proceedings by summons on default of the payment
of the fine or penalty imposed and the costs, the defendant may be
sentenced and committed to the Borough correctional facility for a
period not exceeding 10 days or to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this chapter
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this chapter in equity in the Court of Common Pleas of Bucks County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
The Newtown Borough Code Enforcement Officer shall have the power
to initiate any proceedings at law or in equity necessary for the
enforcement of this chapter.
D.
For purposes of this chapter, the doing of any act or thing prohibited
by any provision of this chapter or the failure to do any act or thing
as to which any provision of this chapter creates any affirmative
duty shall constitute a violation of this chapter punishable as herein
stated.
E.
Licensed collectors and licensed waste haulers who violate any provision
of this chapter may be reported to the Department by Newtown Borough
and may be subject to the revocation of the Department authorization
to transport municipal waste, as described in Act 90.
F.
Newtown Borough may petition the Bucks County Court of Common Pleas
or any other applicable court or governmental agency having jurisdiction
for an injunction, either mandatory or prohibitive, in order to enforce
any of the provisions of this chapter.
