[Ord. 964, 4/9/2003, § 101; as amended by Ord.
1057, 9/21/2009, § 101]
The following words and phrases when used in this Part shall
have, unless the context clearly indicates otherwise, the meanings
ascribed to them in this section:
ANNUAL ASSESSMENT
An annual charge paid to the Borough for each dwelling unit
or entity, regardless of whether the dwelling unit or entity is occupied,
for the collection of garbage and refuse by the Borough of Emmaus
or its contractor.
CONTRACTOR
The person, firm or corporation that has been authorized
by the Borough by contract to collect, transport and dispose of municipal
solid waste within the Borough of Emmaus.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in a nonmanufacturing or non-processing
business, including, but not limited to, stores, markets, offices,
restaurants, theaters, and any other business activity, including
home offices and home occupations.
DWELLING UNIT
A group of rooms located within a structure and forming a
single habitable unit for the exclusive use of the occupants thereof,
with facilities which are used for and intended to be used for living,
sleeping, cooking and eating.
ENTITY
Any single-family dwelling, multi-family dwelling, rooming
units, commercial establishments, institution, or any other legally
recognized person, corporation, partnership, or such other arrangement
obtaining legal recognition.
GARBAGE
All animal and vegetable wastes attending or resulting from
the handling, dealing, storage, preparation, cooking and consumption
of foods.
GROUP HOME
Residential clients and attendant staff, living together
in a dwelling unit as a single housekeeping unit under a common housekeeping
management plan based on an intentionally structured relationship
designed to provide organization and stability.
INDEPENDENT HAULER
A person, firm, or corporation, other than the Borough's
contractor, that a commercial establishment, an industrial establishment,
institution, school, nursing home, rest home, funeral parlor, doctor
or dental office, or multi-family dwelling has contracted with to
collect, transport and dispose of its solid waste.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing
including, but not limited to, factories, foundries, mills, processing
plants, fish farms, refineries and the like.
REFUSE
The collective term applying to rubbish, ashes, paper products,
rags, street sweepings, excelsior, straw, boxes, old clothes, shoes,
leather scraps, pieces of carpet, cloth, glass, china, wood, sand,
brick, tile, etc., and all waste material and riffraff too large for
collection in containers, such as furniture, tanks and appliances.
YARD WASTE
Any leaves, garden residues, grass clippings, shrubbery,
tree trimmings and Christmas trees.
[Ord. 964, 4/9/2003, § 102; as amended by Ord.
1057, 9/21/2009, § 102]
1. The Borough is authorized to award a contract for the collection,
removal, transportation and disposal of municipal waste generated
from single-family dwellings, dwelling units, group homes, multi-family
dwellings and commercial establishments as well as any other type
of entity the Borough deems necessary or acceptable. Such contract
shall contain provisions to be performed and carried out by contractors
in compliance with all Borough ordinances.
2. The Borough Council shall, prior to the commencement of a calendar
year, enact a resolution determining the "annual assessment" for solid
waste collection in the Borough of Emmaus. The assessment shall be
for the purpose of determining the amount to be paid to the Borough
for the collection, removal, transportation, and disposal of municipal
solid waste, including all refuse and recyclables, electronic waste,
household hazardous waste, "Dumpster Day" services, as well as leaf
waste, compost services, yard waste, holiday tree waste, as required
by this chapter.
[Amended by Ord. No. 1188, 4/15/2019]
3. The following entities shall pay one Annual assessment for each calendar year, subject to the payment criteria set forth in §
20-104 of this chapter.
B. Each unit in a multi-family dwelling, with the owner of the property
being primarily liable for payment of the assessment.
C. Commercial establishment that is not a home occupation or a home
office, or any other type of home-based business.
D. Churches and non-profit organizations that are not classified as
a home occupation or a home office, or any other type of home-based
activity.
E. Hotels, rooming homes, bed and breakfasts, and group homes.
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All such establishments shall comply with all recycling ordinances,
laws, rules, and regulations.
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4. Any building or structure containing multiple businesses or commercial
establishments shall be assessed one annual assessment for each separate
business or commercial establishment in or on the building or structure.
5. Any building or structure containing a dwelling unit or units and
a commercial unit or units shall be assessed one annual assessment
for each dwelling unit or commercial unit in or on the building or
structure.
6. The owner or possessor of a dwelling unit that is used as a home
office or a home occupation, or any other type of home-based business
or activity, shall be assessed 1 1/4 of an annual assessment
for refuse services at the owned or possessed property.
7. The Borough of Emmaus shall not collect garbage or refuse for any
industrial establishment, any schools, nursing homes, rest homes,
funeral parlors, doctor or dental offices, or any establishment creating
medical, dental or animal waste.
8. Any commercial establishment, business, or multifamily dwelling owner
may be excluded from paying the full annual assessment for the collection
of garbage, refuse, and recyclables under this Part if the entity
furnishes, on an annual basis, to the Borough Manager or his or her
designee, a notarized certification in a form prescribed by the Borough,
confirming that the property is obtaining dumpster service being provided
by the contractor or by an independent hauler, which certification
shall state:
[Amended by Ord. No. 1188, 4/15/2019]
A. The name, address, contact person, phone number, and e-mail address
of the independent hauler.
B. A description of the manner in which recyclables will be collected,
transported, removed and disposed from the property, including, but
not limited to, the containers that will be used, a description of
the collection method, and the frequency of the collection.
C. That if there is any material change in the collection of refuse
or recyclables, the entity completing the form will immediately notify
the Borough of the change.
D. That the collection of refuse and recyclables will not have an interrupted
period of collection during the calendar year for which the form is
submitted.
E. That the collection, transportation, removal, and disposal of all
solid waste from the premises will conform to and be in compliance
with all local health regulations, the Borough's Solid Waste
Ordinance and any other relevant ordinances, and any and all state
and federal laws, rules and regulations.
F. That the entity obtaining dumpster service releases the Borough from
the collection, transportation, removal and disposal of any solid
waste, including recyclables, from the property serviced by the contractor
or independent hauler.
G. That the entity obtaining dumpster service authorizes the Borough,
its employees, or its designees to enter upon the property of the
entity or such location where the dumpster service is located to inspect
the refuse and recyclable collection facilities in place to ascertain
their conformity to this Part and all applicable laws, rules, and
regulations.
H. That the entity and its contractor or hauler shall submit yearly
tonnage reports for both refuse and recycling separately to the Borough
of Emmaus no later than January 30 each year for the previous year's
collection. The tonnage reports shall be submitted on official weight
slips or letterhead by the contractor or hauler.
8.1. Any establishment electing to obtain dumpster service
pursuant to this section shall pay to the Borough an annual administrative
fee in an amount set by resolution of Borough Council for each building,
occupied structure or commercial unit served so as to offset the Borough's
cost for administering, managing, and monitoring compliance with federal,
state, and local refuse disposal and recycling requirements. The Borough
may elect to assess an additional fee for each building, occupied
structure, or commercial unit utilizing this service, while also utilizing
the Borough's electronic waste, household hazardous waste, "Dumpster
Day" services, or leaf waste, yard waste, and/or holiday tree waste
services.
[Added by Ord. No. 1188, 4/15/2019]
9. All industrial establishments, schools, nursing or rest homes, funeral
parlors, and medical and dental offices shall provide the Borough
Manager with written proof of arrangements those entities have made
with an independent hauler for the removal of refuse and garbage.
Such establishments agree that they will comply with State and local
health regulations, and release the Borough from the collection of
any garbage or refuse from its establishment.
10. All refuse and garbage collected by the contractor of the Borough
of Emmaus shall be collected, conveyed and disposed of by the Borough
of Emmaus through its contractor, provided that the Borough may require
any entity owning or occupying any premises that has accumulated garbage
and refuse at the time of collection in excess of six thirty-gallon
containers, or their equivalent by weight and volume, to personally
collect, convey and dispose of such garbage and refuse in accordance
with all regulations for collection, conveyance and disposal prescribed
in this Part or hereinafter directed by the Borough Council. In addition,
said entity may be required to pay such additional fees for the removal
thereof as determined by the Borough Manager.
11. All assessments, charges or other payments due under this Part shall
be borne and paid by the owner of the premises from which the garbage
or refuse is collected or upon which said refuse is accumulated and
disposed of, or the entity producing the refuse, or the entity responsible
for the existence or disposal thereof. If the entity from which the
garbage or refuse is collected is not the owner, then the owner shall
be jointly and severally liable with such entity for the payment of
the assessment fee to the Borough.
12. Responsibility of Manager; Refuse and Recycling Cordinator.
[Amended by Ord. No. 1188, 4/15/2019]
A. The collection, disposal, and transportation of garbage and refuse
in the Borough of Emmaus shall be under the supervision of the Borough
Manager. Unless determined by contract, the Borough Manager shall
have the authority to determine the days of collection, type and location
of waste containers, and to change and modify the same after notice
as may be required by law.
B. Borough Council may appoint an individual as the Refuse and Recycling
Coordinator for the Borough, and his or her duties shall include,
but not be limited to, the following:
(1)
Provide municipal refuse/recycling program technical assistance.
(2)
Provide commercial, institutional, and community event refuse/recycling
program technical assistance.
(3)
Complete the annual report process as required.
(4)
Review and report Borough recycling program analytics to elected
officials.
(5)
Collaborate and communicate with haulers.
(6)
Gather and maintain statistical information on the Borough's
recycling, solid waste and yard waste programs.
(7)
Collect and interpret data from commercial, industrial, and
institutional establishments.
(8)
Assist in managing the Emmaus Lower Macungie (ELM) joint composting
equipment program.
(9)
Monitor, maintain, and ensure compliance through enforcement
and education that all haulers and contractors meet the requirements
of PA Act 101.
(10)
Assist with the development, writing, preparation, and evaluation
of bids, RFPs and contracts.
(11)
Prepare and write grants and other funding opportunities.
(12)
Conduct meetings, education events, community events, programs,
and activities throughout the community, including but not limited
to Borough-sponsored events, educational facilities, apartment complexes,
and the business community.
(13)
Oversee and coordinate recycling program facilities at Borough
parks and facilities.
(14)
Coordinate refuse and recycling efforts for community events.
(15)
Assist and prepare documentation for grants, audits, reviews,
and other meetings as needed.
(16)
Oversee special programs such as Dumpster Day events, household
hazardous waste events, and electronics recycling efforts.
(17)
Work jointly with the Environmental Advisory Committee for recycling
and education efforts.
(18)
Attend regional and statewide PA DEP meetings, classes, and
events as needed.
13. The Borough Council is authorized to make regulations concerning
the hauling of refuse and garbage collected inside or outside the
Borough of Emmaus over the streets of the Borough. No refuse or garbage
shall be hauled over the streets of the Borough except in water-tight
vehicles with a tight cover so as to prevent offensive odors from
escaping therefrom and refuse being blown, dropped or spilled therefrom.
No garbage or refuse shall be dumped or disposed of within Borough
limits.
14. Ownership of garbage and refuse set out for collection shall be vested
in the Borough of Emmaus.
15. Garbage and refuse must originate at the property where it is set
out for collection.
[Ord. 964, 4/9/2003, § 103; as amended by Ord.
1057, 9/21/2009, § 103]
1. It shall be unlawful for any person to collect, convey over any of
the streets of the Borough of Emmaus or dispose of any refuse or garbage
accumulated in the Borough in any manner not approved by this Part
or its subsequent regulations.
2. It shall be unlawful for any person to place any garbage or refuse
in any street or other public place or upon private property, whether
owned by such person or not, within the Borough of Emmaus, except
in proper receptacles for collection. No person shall throw or deposit
any refuse or garbage in any stream or any other body of water.
3. It shall be unlawful for any person to allow the accumulation of
refuse or garbage on any premises in the Borough of Emmaus other than
for the purpose of collection in the manner provided by this Part
or by regulation of the Borough Council. Any unauthorized or unreasonable
accumulation of refuse or garbage on any premises is hereby declared
to be a nuisance and prohibited. Failure to remove unauthorized or
unreasonable accumulation of refuse within 15 days of written notice
to either the occupant or owner shall be deemed to be a violation
of this Part.
4. It shall be unlawful to place in any containers provided for the
regular collection of garbage and refuse any wearing material, bedding
or refuse from premises where highly infectious or contagious diseases
have prevailed or where there is highly flammable or explosive refuse
or garbage.
5. It shall be unlawful to place yard waste for collection, except as
provided for by the Borough.
6. It shall be unlawful for any person other than the occupants of the
premises on which the refuse or garbage receptacles are stored, or
the contractor, to remove the covers of any of the refuse or garbage
receptacles or to remove the refuse or garbage stored in such containers.
7. Except as otherwise provided in this Part regarding the placement
of containers for collection, no trash container, refuse or garbage
container or recycling container shall be placed or stored at any
property so as to be visible from the front of the property.
8. Refuse may not be set out for collection more than 12 hours prior
to the time of collection. Empty containers must be removed from the
curbside collection location within 12 hours of collection.
[Ord. 964, 4/9/2003, § 104]
1. The assessment fees or charges for the collection and disposal of
garbage and refuse shall be established by the Emmaus Borough Council
on an annual basis by the passage of a resolution for refuse and garbage
collection assessment fees or charges.
2. Each entity from which the Borough of Emmaus will collect garbage
and refuse shall receive an annual assessment fee or charge prepared
by the Office of the Borough Manager and/or his or her designee and
sent to each such entity in January of each year, or as soon thereafter
as practical.
A. The due date for the payment of that assessment fee or charge by
each entity shall be 90 days from billing date.
B. Should the assessment fee or charge be paid within 60 days of the
billing date, each entity shall receive a $10 discount deducted from
the assessment.
C. Any payment received after 30 days past the due date, as hereinabove
stated, shall be subject to a 10% additional assessment fee or charge.
D. In addition to the 10% penalty, any assessment fee or charge paid
more than 60 days after the due date shall be subject to an additional
1% fee for each 30 days the assessment fee or charge is delinquent.
3. Any person or any entity which fails to pay the annual assessment
fee or charge as set forth above or who in any way violates any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 and/or imprisonment for a term not to
exceed 30 days. Every day that a violation of this Part continues
shall constitute a separate offense and shall be subject to the penalty
imposed by this section for each and every such separate offense.
4. Any violation of §
20-102(15) concerning the hauling of waste over the streets of the Borough shall be subject to a fine of not more than $1,000 and/or imprisonment for a term not to exceed 30 days.
5. The Borough's Code Enforcement Officer, Police Department, Health
Officer or such other person or persons designated by the Borough
Council shall be authorized to enforce the provisions of this Part.