[Ord. 720, 12/4/1989, § 1]
This Part shall be known and may be cited as the "Borough of
Emmaus Waste Reduction and Recycling Ordinance."
[Ord. 720, 12/4/1989, § 2]
This Part is enacted pursuant to the Solid Waste Management
Act, P.L. 380, No. 97, July 7, 1980 and the Municipal Waste Planning
Recycling and Waste Reduction Act, No. 101, July 28, 1988.
[Ord. 720, 12/4/1989, § 3; as amended by Ord. 1057,
9/21/2009, § 303]
It is the purpose of this Part to:
1.
Require waste reduction and recycling as a means of managing municipal
waste, conserving resources and supplying energy.
2.
Protect the public health, safety and welfare from the short and
long term dangers of collection, transportation, processing and storage
of municipal waste.
3.
Establish and implement within the Borough of Emmaus a recycling
program to return valuable materials to productive use, to conserve
energy and to protect capacity at municipal waste processing or disposal
facilities.
4.
Each person living or working in the Borough of Emmaus shall be taught
the economic, environmental and energy value of recycling and waste
reduction, and shall be encouraged through a variety of means to participate
in such activities.
5.
The Borough of Emmaus shall, to the greatest extent practicable,
procure and use products and materials with recycled content, and
procure and use materials that are recyclable.
[Ord. 720, 12/4/1989, § 4]
The following words and phrases when used in this Part shall
have the meanings given to them in this section unless the context
clearly indicates otherwise:
The restoration, reclamation, recovery, etc., of a natural
resource adversely affected by the activity of a person.
The mean daily volume received at a facility taking into
account weather and seasonal variations, scheduled community cleanup
days and other factors.
The Commonwealth and its departments, boards, commissions
and agencies, Commonwealth owned universities, and the State Public
School Building Authority, the State Highway and Bridge Authority
and any other authority now in existence or hereafter created or organized
by the Commonwealth.
Plastic beverage carriers that degrade by biological processes,
photodegradation, chemodegradation or degradation by other natural
processes. The degradation process does not produce or result in a
residue or by-product considered to be hazardous waste.
The Department of Environmental Resources of the Commonwealth
and its authorized representatives.
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 into the waters of this commonwealth.
A study which analyzes a specific municipal waste processing
or disposal system to assess the likelihood that the system can be
successfully implemented, including, but not limited to, an analysis
of the prospective market, the projected costs and revenues of the
system, the municipal waste-stream that the system will rely upon
and various options available to implement the system.
The municipality other than the county within which a municipal
waste landfill or resource recovery facility is located or is proposed
to be located.
Leaves, garden residues, shrubbery and tree trimmings and
similar material, but not including grass clippings.
Counties, cities, boroughs, towns, townships, school districts
and any other authority now in existence or hereafter created or organized
by the commonwealth.
All municipal or school or other authorities now in existence
or hereafter created or organized by any county, city, borough, township
or school district or any combination thereof.
Any and all other public bodies, authorities, councils of government,
officers, agencies or instrumentalities of the foregoing, whether
exercising a governmental or proprietary function.
The entire process, or any part thereof, of storage, collection,
transportation, processing, treatment and disposal of solid wastes
by any person engaging in such process.
A source separation and collection program for recycling
Emmaus's waste or source separated recyclable materials, or a
program for designated drop-off points or collection centers for recycling
Emmaus's waste or source-separated recyclable materials, that
is operated by or on behalf of the Borough of Emmaus. The term includes
any source separation and collection program for composting yard waste
that is operated by or on behalf of the Borough of Emmaus. The term
shall not include any program for recycling construction/demolition
waste or sludge from sewage treatment plants or water supply treatment
plants.
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 in the Solid Waste Management Act from a municipal, commercial,
or institutional water supply treatment plant, waste water treatment
plant or air pollution or air pollution control facility. The term
does not include source-separated recyclable materials.
Any facility that is designated, operated or maintained for
the disposal of municipal waste, whether or not such facility possesses
a permit from the Department under the Solid Waste Management Act.
The term does not include any facility that is used exclusively for
disposal of construction/demolition waste or sludge from sewage treatment
plants or water supply treatment plants.
The Borough of Emmaus, Lehigh County, Pennsylvania.
A person engaged in solid waste processing or disposal. Where
more than one person is so engaged in a single operation, all persons
shall be deemed jointly and severally responsible for compliance with
the provisions of this Part.
Any individual, partnership, corporation, association, institution
or cooperative enterprise. In any provision of this Part 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.
Plastic rings or similar plastic connectors used as holding
devices in the packaging of beverages, including, but not limited
to, all carbonated beverages, liquors, wines, fruit juices, mineral
waters, soda and beer.
Contamination of any air, water, land or other natural resources
of the Borough of Emmaus that will create or is likely to create a
public nuisance or to render the air, water, land or other natural
resources harmful, detrimental or injurious to public health, safety
or welfare, or to domestic, municipal, commercial, industrial, agricultural,
recreational, or other legitimate beneficial uses, or to livestock,
wild animals, birds, fish or other life.
Any product generated by a business or consumer which has
served its intended end use, and which has been separated or diverted
from solid waste for the purposes of collection, recycling and disposition.
The term includes industrial by-products that would otherwise go to
disposal or processing facilities. The term does not include internally
generated scrap that is commonly returned to industrial or manufacturing
processes.
Any technology used for the purpose of reducing the volume
or bulk of municipal waste or any technology used to convert part
or all of such waste materials for off-site reuse. Processing facilities
include, but are not limited to, transfer facilities, composting facilities
and resource recovery facilities.
Those activities required to be conducted prior to constructing
a processing or disposal facility that has been shown to be feasible,
including, but not limited to, public input and participation, siting,
procurement and vendor contract negotiations, and market and municipal
waste supply assurance negotiations.
Any commonwealth agency or local public agency.
Goods, supplies, equipment, materials and printing containing
post-consumer materials.
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 or reusable materials
other than a fuel for the operation of energy.
A facility employing a technology that is a process that
separates or classifies municipal waste and creates or recovers reusable
materials that can be sold to or reused by a manufacturer as a substitute
for or a supplement to virgin raw materials. The term "recycling facility"
shall not mean transfer stations or landfills for solid waste nor
composting facilities or resource recovery facilities.
Any garbage, refuse, other discarded material or other waste,
including solid, liquid, semisolid or contained gaseous materials
resulting from industrial, mining and agricultural operations and
any sludge from an industrial, mining or agricultural water supply
treatment facility, waste water treatment facility or air pollution
control facility, provided that it is not hazardous. The term shall
not include coal refuse as defined in the act of September 24, 1968,
(P.L. 1040, No. 318), known as the Coal Refuse Disposal Control Act.
The term shall not include treatment sludges from coal mine drainage
treatment plants, disposal of which is being carried on pursuant to
and in compliance with a valid permit issued pursuant to the Act of
June 22, 1937 (P.L. 1987, No. 394), known as The Clean Streams Law.
A processing facility that provides for the extraction and
utilization of materials or energy from municipal waste that is generated
off-site, including, but not limited to, a facility that mechanically
extracts materials from municipal waste, a combustion facility that
converts the organic fraction of municipal waste to usable energy,
and any chemical and biological process that converts municipal waste
into fuel product. The term also includes any facility for the combustion
of municipal waste that is generated off-site whether or not the facility
is operated to recovery energy. The term does not include:
Any composting facility.
Methane gas extraction from a municipal waste landfill.
Any separation and collection center, drop-off point or collection
center for recycling, or any source separation or collection center
for composting leaf waste.
Any facility, including all units in the facility, with a total
processing capacity of less than 50 tons per day.
Any waste, including but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials. The term does not include coal ash or drill cuttings.
The act of July 7, 1980 (P.L. 380, No. 97).
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling.
The containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal of such waste. It shall
be presumed that the containment of any municipal waste in excess
of one year constitutes disposal. This presumption can be overcome
by clear and convincing evidence to the contrary.
The off-site removal of any municipal waste at any time after
generation.
Any method, technique or process, including, but not limited
to, neutralization, designed to change the physical, chemical or biological
character or composition of any municipal waste so as to neutralize
such waste or so as to render such waste safer for transport, suitable
for recovery, suitable for storage or reduced in volume.
Design, manufacture or use of a product to minimize weight
of municipal waste that requires processing or disposal, including,
but not limited to:
[Ord. 720, 12/4/1989, § 5]
1.
Responsibilities. The Borough of Emmaus shall have the power and
its duty shall be to assure the proper and adequate transportation,
collection and storage of municipal waste which is generated or present
within its boundaries, to assure adequate capacity for the disposal
of municipal waste generated within its boundaries by means of the
procedure set forth in § 1111 of the Municipal Waste Planning
Recycling and Waste Reduction Act and to adopt and implement a program
for the collection and recycling of municipal waste or source-separated
recyclable materials as provided in this Part.
2.
Powers. In carrying out its duties under this section, the Borough
of Emmaus may adopt resolutions establishing procedures, regulations
and standards for the recycling, transportation, storage and collection
of municipal waste, or source-separated recyclable materials which
shall not be less stringent than, and not in violation of or inconsistent
with, the provisions and purposes of the Solid Waste Management Act,
the Municipal Waste Planning, Recycling and Waste Reduction Act and
the regulations promulgated pursuant thereto.
3.
Duties. The Borough of Emmaus shall implement the provisions of this
Part by collecting, transporting, processing or marketing source-separated
materials or may contract, subject to competitive bidding, with any
person to carry out its duties for the recycling, transportation,
collection and storage of municipal waste and source-separated recyclable
materials, if the recycling, transportation, collection or storage
activity or facility is conducted or operated in a manner that is
consistent with the Solid Waste Management Act, the Municipal Waste
Planning, Recycling and Waste Reduction Act, this Part and the regulations
promulgated pursuant thereto. Any such person shall be jointly and
severally responsible with the Borough of Emmaus when carrying out
its duties for transportation, collection or storage activity or facility.
4.
Curbside Collection of Residential Recycling. Residential recycling
shall be collected at the curb at least one time per month. The frequency
of collection shall be determined in the refuse and recycling contract
that the Borough enters into with its selected hauler.
[Added by Ord. No. 1188, 4/15/2019]
5.
Recycling at Community Events Mandated. Any entity, including but
not limited to municipal, commercial, institutional, or industrial
entities, shall be required to provide appropriately identified and
marked recycling containers and opportunities for individuals to recycle
at any "community event."
[Added by Ord. No. 1188, 4/15/2019]
6.
Curbside Collection of Leaf Waste, Yard Waste, and Holiday Trees.
The Borough of Emmaus shall provide for the curbside collection of
leaf waste, yard waste, and holiday tree waste at least once per month
or twice per year as required by PA Act 101,[1] as amended. Holiday tree waste shall be conducted for
no less than a two-week period after December 25 each year. The frequency
and dates for collection of leaf waste and yard waste shall be established
by the Borough prior to January 1 of each year.
[Added by Ord. No. 1188, 4/15/2019]
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
7.
Leaf Waste Drop-Off Center. The Borough of Emmaus shall provide a
site for property owners to drop off yard waste and leaf waste. The
site shall be opened throughout the year, with days and times for
the calendar year to be established prior to January 1.
[Added by Ord. No. 1188, 4/15/2019]
[Ord. 720, 12/4/1989, § 6; as amended by Ord. 1057,
9/21/2009, § 306]
All municipal waste, including recyclables, shall be disposed
of at a facility, and in a manner that complies with all laws, rules,
and regulations, of any local governing body, state, or federal government,
or any agency or department of the same.
[Ord. 720, 12/4/1989, § 7; as amended by Ord. 1057,
9/21/2009, § 307]
The Borough of Emmaus hereby establishes and implements a source
separation and collection program for recyclable materials in accordance
with § 1501 of the Municipal Waste Planning, Recycling and
Waste Reduction Act. The source separation and collection program
shall include the following regulations:
1.
All persons, commercial establishments, institutions, governments,
and any other entity in the Borough of Emmaus shall separate the following
classes of materials into an approved container for the storing of
recyclable materials, and shall dispose of them so as to ensure that
they are processed and transported to a facility that recycles the
materials:
A.
Aluminum food and beverage containers.
B.
Glass food and beverage containers - brown, clear, or green.
C.
Ferrous (Iron) cans.
D.
PET plastic containers with the symbol #1 - with screw tops only,
without caps.
E.
HDPE natural plastic containers with the symbol #2 - narrow neck
containers only (milk and water bottles).
F.
HDPE pigmented plastic containers with the symbol #2 - narrow neck
containers only, without caps (detergent, shampoo bottles, etc.).
G.
Plastics with symbols #3, #4, #5, #6, #7 - narrow and screw top containers.
H.
Newsprint.
I.
Corrugated Cardboard. All cardboard shall be broken down flat and
neatly stacked at the curb in a manner that it will not be blown away
by wind or fall into a public right-of-way, street, or sidewalk.
[Amended by Ord. No. 1188, 4/15/2019]
J.
Magazines.
K.
Catalogues.
L.
Cereal boxes.
M.
Telephone books.
N.
Printer paper.
O.
Copier paper.
P.
Mail.
Q.
All other office paper without wax liners.
|
Upon placement of recyclable items at the curbside for collection
by any party contracted by the Borough to perform refuse collection,
transportation, and disposal, such recyclable items shall become the
property of the Borough's contractor.
|
2.
Persons are required to separate leaf waste from other municipal
waste generated at their homes, apartments, and other residential
establishments, as well as commercial, institutional, and municipal
establishments, until collection, unless those persons or entities
have otherwise provided for the composting of leaf waste.
[Amended by Ord. No. 1188, 4/15/2019]
3.
A commercial establishment, owner of a multi-family dwelling, municipal building or office, or an institutional establishment, shall establish a collection system for recyclable materials at each building or occupied structure on the premises. The collection system must include suitable locations for the containers, and written instructions to the occupants of each dwelling unit or commercial unit concerning the mandatory use of the collection system. The collection system shall provide that recyclables will be removed from the premises at least once every four weeks. Owners and landlords are required to monitor compliance by all occupants on their premises, and shall be responsible to correct any noncompliance and institute such procedures as are reasonable and necessary to minimize the likelihood or possibility of noncompliance with this Part. Any entity obtaining services of an independent hauler shall pay an administrative fee, as set annually by the Borough Council, as referenced in § 20-104 of Part 1 of this chapter.
4.
Electronic Recycling. The Covered Device Recycling Act (PA Act 108
of 2010)[1] mandates that all manufacturers of certain electronics
shall provide recycling programs for those electronics no longer in
use. The Borough of Emmaus, at its discretion, may also establish
an electronics recycling program for the property owners and citizens
within the Borough of Emmaus. The Borough shall bid out this service
when bidding out all refuse and recycling contracts. Borough Council
shall have the sole discretion to elect to provide this service to
its citizens; however, in such cases that the Borough provides this
service, at a minimum, the items allowed for recycling shall be no
less than those outlined in PA Act 108 of 2010.
[Added by Ord. No. 1188, 4/15/2019]
[1]
Editor's Note: See 35 P.S. § 6031.101 et seq.
5.
Recycling at Community Events Mandated. Any entity, including but
not limited to municipal, commercial, institutional, or industrial
entities, shall be required to provide appropriately identified and
marked recycling containers and opportunities for individuals to recycle
at any "community event."
[Added by Ord. No. 1188, 4/15/2019]
[Ord. 720, 12/4/1989, § 10]
On or before February 15 of each year, the Borough Manager shall
submit a report to Lehigh County which shall describe the weight or
volume of materials that were recycled by the municipal recycling
program in the preceding calendar year.
[Ord. 720, 12/4/1989, § 11]
Any person, other than a municipal official exercising his official
duties, who violates any provision of this Part, any resolution enacted
hereunder, any order issued hereunder, or the terms or conditions
of any contract awarded in the implementation of this Part shall,
upon conviction thereof, be sentenced to pay a fine of not less than
$100 and not more than $1,000 and costs and, in default of the payment
of such fine and costs, to undergo imprisonment for not more than
30 days.
