This article shall be known and may be cited as the "Municipal
Solid Waste Management Ordinance of the Township of Middletown."
It is hereby declared to be the purpose of this article to coordinate
and regulate the storage, collection, transportation, processing,
and disposal of all solid waste herein defined in order to protect
the public safety, health, and welfare of the people of the Township
of Middletown (hereinafter referred to as the "municipality").
The Township Manager or designee shall be responsible for all
aspects of solid waste management within the municipality.
The Township Manager or designee shall be responsible for the
preparation of all necessary plans for solid waste management and
shall coordinate these plans with other local, county, state, and
federal agencies. These plans shall control the collection, storage,
transportation, processing, and disposal of all solid waste. In accordance
with all the pertinent statutes, rules, and regulations of the Commonwealth
of Pennsylvania, the Township Manager shall be responsible for the
following:
A.
Providing services for the collection, storage, transportation, and
disposal of solid waste and recyclable materials for the municipality
and/or approving and regulating services for the establishment, maintenance,
and operation for the private collection, storage, transportation,
and disposal of solid waste and recyclable materials;
B.
Aiding and assisting the commonwealth in the application and enforcement
of rules and regulations pertaining to solid waste management;
C.
Adopting, issuing, and enforcing such local rules and regulations pursuant to § 418-215 of this article, as is necessary to implement and carry out the intent of this article;
D.
Assisting in the review of permits required by the commonwealth for
siting and operation of transfer, processing, and disposal facilities;
and
E.
Enforcing this article by issuing warning notices and initiating
proceedings against violators of this article and its appurtenant
rules and regulations.
A.
No person shall permit any solid waste to accumulate for a period
of longer than seven days upon property owned or occupied by said
person in the municipality.
B.
Owners and occupiers of residential property are hereby required
to make accumulated solid waste available for collection pursuant
to the terms of this article.
C.
All solid waste accumulated on any residential property in the municipality
shall be collected, conveyed, and disposed of by the municipality
or by a licensed or authorized collector in accordance with the provisions
of this article; except that solid waste and recyclable materials
may be collected, conveyed, and disposed of by property owners from
their own property for the intended purpose of depositing such solid
waste and recyclable materials in PA DEP-permitted solid waste processing
facilities or recycling centers, provided they comply with the provisions
of this article.
D.
All solid waste or recyclable materials accumulated on commercial,
institutional, or residential property subdivisions that are members
of a homeowners' association ("HOA") that contracts for private,
nonmunicipal collection shall be collected, conveyed, and disposed
of by private collectors in accordance with this article. In all such
contracts with a private collector, the fee or payment shall be a
matter of private agreement between the owners or occupiers of the
commercial, institutional, or residential properties and the private
collector. Owners of nonresidential properties, or participants in
HOAs that independently contract for solid waste and recyclable materials
collection, may collect, convey, and dispose of privately generated
solid waste by their own containers and/or trucks, provided they comply
with the other provisions of this article applicable thereto.
E.
It shall be unlawful for any person to collect and dispose of any
solid waste within the municipality, except as provided in this article.
A.
It shall be unlawful to keep, or allow in or about any dwelling or
upon any land or other premises within the municipality, solid waste
of any kind which is obnoxious or offensive by reason of dust or odor
or which attracts insects and vermin except in covered containers.
The container cover shall be watertight and fly-proof, and it shall
be unlawful to retain accumulation of any said solid waste so as to
constitute as menace to the health and safety, it being a presumption
that such a menace exists when more than seven days have elapsed after
such solid waste is originally retained, accumulated, or permitted
to accumulate, and nothing herein contained shall be construed to
permit the retention of any solid waste which is or becomes obnoxious
or offensive by reason of dust or odor or which attracts insects or
vermin.
B.
No volatile liquids, explosives, radioactive material, or containers
which would explode upon contact with heat or fire shall be placed
for collection, except small (retail-sold) spray cans.
C.
No hazardous waste shall be stored or placed for collection on residential
properties, except for small quantities of such waste normally found
in the household and available on a retail basis to homeowners.
A.
Only approved containers for receiving and holding solid waste shall
be used for the collection of solid waste by the authorized collector
from residential properties within the municipality. Containers shall
be kept in a sanitary condition at all times.
B.
Solid waste located outside residential, commercial, and institutional
properties shall be stored, at all times, in a container which shall
have a tight-fitting cover that is watertight and fly-proof. Containers
shall be kept tightly covered at all times.
C.
Garbage (food waste) shall be drained of liquids before it is placed
in a container.
D.
Containers shall be of not less than 20 gallons nor more than 35
gallons in capacity for a residential property.
E.
Containers shall be stored on the residential property and shall
not be placed at the curb for collection before 6:00 p.m. on the evening
preceding a scheduled collection day. Empty containers shall be removed
from the curb by 10:00 a.m. the day following collection.
F.
Yard waste may be placed next to the container for composting, disposal, or processing at a composting plant pursuant to Article III, Recycling Management, if it is tightly secured, not more than four feet in length, and not more than 50 pounds in weight. Branches and tree limbs cannot be more than six inches in diameter.
G.
The municipality specifically reserves the right to modify and to
specifically provide for some other receptacle for the handling of
solid waste, which the Township Manager or designee may, at some future
time, deem to be acceptable, appropriate, and beneficial for handling
of said solid waste.
A.
The municipality shall have the option of collecting solid waste
or it may contract with authorized collector(s) to provide the service
or it may contract for collection service for residential properties
only and require private collection service for commercial and institutional
properties.
B.
All residential properties, with the exception of subdivisions where
the applicable HOA contracts for solid waste collection, shall use
the municipality's contracted, authorized collector(s).
C.
The collection, conveyance or disposal of solid waste by the municipality
or by authorized collectors under and in accordance with a contract
with the municipality shall be considered a municipal service for
which the owner of the serviced premises shall be liable to pay therefor
in accordance with and subject to fees determined and established
from time to time by resolution of the Board of Supervisors. All bills
for such fees shall be rendered by periodic statements of accounts
issued in advance of the service, not less than on a quarter-annual
basis, and shall thereupon be immediately due and payable. All bills
shall be payable at the Township Municipal Building to the order of
"Middletown Township." All accounts shall be considered delinquent
if not paid within 30 days after the date of the bill, and accounts
which are not paid within 30 days after the date of the bill shall
be subject to a penalty of 10% of the amount of the bill. If a delinquent
account is not paid within 60 days from the date of the bill, the
Township Manager shall refer the account to the Township Solicitor
with instructions to process for the collection of such unpaid charges,
together with all penalties thereon, by an action in assumpsit, or,
at the election of the Township Manager, in any other manner provided
by law for the collection of a municipal claim. The Township Manager
may, by and with approval of the Board of Supervisors, utilize the
office and services of the Township Tax Collector with appropriate
compensation to him for the rendering and collection of the accounts.
D.
The authorized collector shall provide service to all who desire
service and have paid the required fees.
E.
Collection requirements.
(1)
All solid waste located at residential properties shall be collected
at least once each week. All solid waste located at commercial and
institutional properties shall be collected as often as required by
generated volumes and environmental problems, but not less than once
each week.
F.
The contract in force with the licensed or authorized collector shall
establish and record a regular collection schedule. If collection
is schedule once each week and the collection day falls on a holiday,
then the licensed or authorized collector shall follow the schedule
set by the current contract in force with the licensed or authorized
collector.
G.
All collection and transportation vehicles shall be constructed of
metal or other impervious materials, able to be enclosed or fitted
with a cover which will be used to prevent spillage of its contents.
All solid waste materials dropped on streets or roads shall be immediately
picked up by the private, licensed or authorized collector.
H.
All private, licensed and authorized collector vehicles shall be
cleaned at sufficient frequency to prevent odors, vectors, and other
nuisances.
I.
Place of collection.
(1)
Containers shall be placed at curbside on the public street abutting the residential property for collection by the authorized collector on the dates and times set forth in § 418-208J.
(2)
Containers shall be placed so they face the public street (i.e.,
with the handle away from and parallel to the center of the street),
with the lid closed, and so that there is a minimum of three feet
between the container(s) and any obstructions (ex., cars, mailboxes,
fences, telephone poles, etc.).
(3)
Municipal solid waste must be placed within the container and
not on top of the container. Any solid waste that causes the lid of
the container to be in an open or upright position shall be considered
excessive solid waste and shall not be collected.
(4)
Notwithstanding provisions of this article, industrial, commercial, and residential property subdivisions that are members of a HOA that contracts for private, nonmunicipal collection may, by mutual agreement with private collectors, be permitted to use containers and/or carts and place such containers and/or carts at a location on their property other than specified in § 418-208I.
(5)
Municipal collection shall be made from all residential properties,
with the exception of those subdivisions whose HOA contracts with
private collectors, throughout the municipality. This shall include
all streets, dedicated or otherwise, and shall include those streets
that are temporarily closed for repairs or construction. In the latter
case, special collection points shall be authorized and designated
by the Township Manager or designee if the condition of the street
would prevent access thereto by the collector's truck.
J.
Frequency of collections.
(1)
Collection, schedule and routes. The authorized collector shall
collect solid waste, as defined herein, throughout the municipality
on routes and schedules developed and mutually agreed upon by the
Township Manager or designee and the authorized collector, and which
may be modified from time to time as necessary and as agreed upon
by the Township Manager or designee.
(2)
Holidays. Solid waste collection shall not be made on the following
holidays: January 1, New Year's Day; last Monday of May, Memorial
Day; July 4, Independence Day; first Monday of September, Labor Day;
fourth Thursday of November, Thanksgiving Day; December 25, Christmas
Day. Collections scheduled for these days shall be made as set by
the current contract in force with the authorized collector.
(3)
Hours. Collections shall be made at those hours mutually agreed
upon between the authorized collector and the Township Manager or
designee. Hours agreed upon shall be so indicated within the current
collection contract.
A.
All residential property solid waste within the municipality shall
be collected by an authorized collector as hereinafter provided.
B.
The collection of solid waste shall be done only by the person to
whom or to which a contract therefor shall be awarded. Such contract
shall be awarded, from time to time, to the lowest responsible bidder,
following the procedure set forth hereinafter.
C.
The Board of Supervisors, from contracting period to contracting
period, shall set bid specifications for the collection of solid waste
for residential properties, which shall apply to each prospective
bidder for contract collection within the municipality.
D.
The Board of Supervisors shall request bids for solid waste collection
services for a specified period, as allowed by state law. All bid
notices, awards, and conditions shall be in compliance with all applicable
state laws.
E.
Before any contract shall be entered into for the collection of solid
waste from residential properties, the person to whom such contract
is awarded shall furnish a bond with one or more sufficient sureties
to be approved by the Township Manager or designee. The authorized
collector shall, during the continuance of the contract, truly abide
by, comply with, and perform all the terms and provisions of the contract
and of this article and such other rules and regulations as may be
adopted from time to time.
F.
The authorized collector shall assume full responsibility for the removal and ultimate disposition, subject to the provisions of § 418-212, of all residential property solid waste from the municipality when such solid waste is placed in proper containers and in the proper locations as specified in §§ 418-207 and 418-208 herein.
G.
Compensation of the authorized collector for the removal of solid
waste from residential properties shall be paid according to the terms
of the bid specifications and contract. Payment of said compensation
is, however, contingent upon the authorized collector fulfilling all
provisions of this article and the aforementioned contract.
A.
All vehicles used for collection of solid waste 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 solid waste 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.
B.
It shall be unlawful to collect, haul, transport, or convey solid waste in open, unenclosed vehicles, unless such solid waste is hauled from private property by the owner; except that open-type vehicles may be used for the collection of large items which cannot, because of size, be collected by ordinary means, in accordance with the provisions of § 418-210A.
C.
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, the County of Bucks, and the municipality.
D.
The private, licensed or authorized collector shall furnish proof
that he is the owner of the vehicle(s) to be used, or he must produce,
in writing, a lease or rental agreement between the titled owner of
the vehicle(s) and the collector.
E.
Vehicles and equipment shall not be overloaded so that garbage or
solid waste 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.
F.
All vehicles may be inspected at any time at the discretion of the
municipality by a designated agent for compliance with the provisions
of this article, including prior to the issuance of any license.
G.
Each truck shall be staffed by at least one driver and one helper,
unless otherwise approved by the Township Manager (e.g., special collection
vehicles or under emergency conditions) or by contract with the municipality.
H.
Each truck shall have at least one broom and one shovel to clean
up solid waste that may be spilled or otherwise scattered during the
process of collection.
I.
The collector shall file with the Township Manager or designee a
list of all vehicles and equipment with identification information
thereon. Changes in equipment shall be promptly reported to the Township
Manager so that, at all times, their records will be correct and accurate.
J.
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 any street within the municipality, except during actual
collection periods.
A.
All storage of solid waste after collection and before disposal shall
only be in transfer stations which conform to the regulations of the
commonwealth, the County of Bucks, and the municipality. The only
exception shall be full or partially full collection vehicles which
have made a final pickup for the day. In no case shall such collection
vehicles be permitted to hold solid waste longer than 24 hours.
B.
All plans and specifications for transfer stations shall be submitted
for approval and permit issuance to the municipality, the County of
Bucks, and to the commonwealth before operation commences.
C.
All storage of solid waste in transfer stations shall be limited
to no more than 48 hours.
D.
Operators of transfer stations must submit to the municipality a
contingency plan for the disposition of solid waste which is not able
to be removed from the site within 48 hours because of an emergency
situation.
A.
It shall be unlawful for any collector to dump, process, destroy,
bury or otherwise dispose of solid waste within the jurisdictional
limits of the municipality, except at facilities approved and permitted
by the Township, the County of Bucks, and the PA DEP.
B.
All private, licensed, or authorized collectors shall dispose of
the solid waste from the municipality at a sanitary landfill, incinerator,
waste-to-energy plant, or other facility approved and permitted by
the PA DEP.
C.
The municipality reserves the right to designate a specific disposal
site in its contracts and/or licenses with licensed or authorized
collectors.
D.
All disposal regulations at the designated disposal site shall be
adhered to by the private, licensed, or authorized collector.
E.
All vehicles used for collection shall use, insofar as practical,
state highways when proceeding to and from the designated disposal
site, except when using roads or streets in those townships or boroughs
where licensed or contracted to collect.
A.
All solid waste processing shall be accomplished by approved methods
in properly permitted facilities, including, but not limited to, incinerators,
compost plants, and salvage operations, conforming to all the applicable
laws, ordinances, and zoning requirements.
B.
All plans and specifications shall be approved by the commonwealth
prior to the construction and operation of such processing facilities.
C.
All incinerators shall be operated so that pollution of the air will
not exceed the air quality standards established by the PA DEP.
D.
Residues and discards from the solid waste processing facilities
shall be disposed of at a PA DEP-permitted facility.
A.
It shall be unlawful for any person to scavenge any materials delivered
and deposited for disposal, except as may be provided for in the municipality's
solid waste rules and regulations promulgated under this article.
B.
It shall be unlawful for any person to salvage or reclaim any solid
waste, except at a properly permitted facility in which salvage is
an integral plan of operation.
C.
It shall be unlawful to make solid waste available for animal consumption,
unless it has been heat-treated to kill any disease agent therein.
D.
It shall be unlawful for any person to use, maintain, or operate
an open dump.
E.
It shall be unlawful for any person to burn any solid waste, except
in a manner and under conditions prescribed by the municipality's
Fire Marshal, and such burning shall be in accordance with the pertinent
rules and regulations of the commonwealth.
F.
It shall be unlawful for any person to throw, place or deposit, or
cause or permit to be thrown, placed or deposited, any solid waste
in or upon any street, alley, sidewalk, body of water, public or private
property, except as provided in this article.
The collection of solid waste in the municipality and the disposal
thereof shall be subject to such further reasonable rules and regulations
as may from time to time be promulgated by the Township Manager or
designee; provided, however, that no such rules and regulations shall
be contrary to the provisions of this article or applicable law.
A.
All containers, vehicles, equipment, transfer stations, disposal
sites, books and records of authorized, unauthorized or prospective
collectors, storers, processors and disposers shall be subject to
inspection by the Township Manager or designee at any reasonable hour
without prior notice.
B.
Vehicles and equipment of collectors may be inspected by the Township
Manager or authorized agent before being put into operation and during
operation.
C.
All solid waste storage, transfer, processing, or disposal facilities
within the municipality shall also be inspected immediately prior
to commencement of operation and at least once each year thereafter
in concert with representatives of the county and/or the commonwealth.
D.
If violations of this article are discovered in the course of these
inspections, the Township Manager or designee is empowered to enforce
this article.
Any person who shall violate any provision of this article,
upon conviction thereof in an action brought before a Magisterial
District Judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, 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 90 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.
Whenever the requirements of this article are in conflict with
other requirements of the ordinances of the Township of Middletown,
the most restrictive or those imposing the highest standards shall
govern.
