[HISTORY: Adopted by the Board of Supervisors of the Township
of North Whitehall as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-21-1991 by Ord. No. 1991-2]
A.
Title. This article shall be known as the "North Whitehall Township
Mandatory Recycling Ordinance."
B.
Severability. In the event any of the provisions of this article
is declared unconstitutional, unlawful or unenforceable by a court
of competent jurisdiction, such declaration shall not affect the validity
of the remainder of this article or of this article as a whole, but
shall continue in full force and effect as though the unconstitutional,
unlawful or unenforceable provision had never been a part hereof.
C.
Construction.
(1)
The various headings used throughout this article are intended only
as an aid to its organization, in order to facilitate ease of reading,
and are not to be considered a substantive part of this article.
D.
Repealer. All ordinances or parts of ordinances inconsistent herewith
are hereby repealed only to the extent of such inconsistency.
E.
Effective date. Mandatory recycling for all residential dwellings
in North Whitehall Township shall commence on May 1, 1991. The dates,
times and duration of leaf waste collection shall follow at a time
to be determined by the Township.
The following words and phrases, when appearing in the text
of this article, shall have the meanings given to them in this section,
unless the context clearly indicates otherwise:
Empty nonaerosol containers, consisting entirely of aluminum.
A person authorized by North Whitehall Township to collect
and transport recyclables as part of the recycling program.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Empty nonaerosol containers consisting of either steel only
or steel and aluminum, which were used to contain either food or beverage,
or both.
Includes any paper which has a shiny or glossy finish or
appearance, resulting from treatment of the surface or application
of a coating of kaolin, clay or other chemicals. The term includes
the advertising inserts which are often intermingled or distributed
with newspapers.
Includes all business, commercial, educational, industrial,
institutional, or municipal establishments, and community activities,
and all multifamily housing of four or more residential dwellings.
If any commercial activity occurs in a residential establishment,
the entire establishment shall be deemed a commercial activity.
Any person who is authorized to collect municipal solid waste
for remuneration in North Whitehall Township.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The fabricated or manufactured structural unbleached paper
material with an inner core shaped in rigid parallel furrows and ridges,
with one or more outer liners, often consisting of a material known
as kraft paper, but shall not include linerboard or paperboard normally
used as cereal boxes and similar containers, nor shall it include
corrugated cardboard that is soiled or coated with wax, plastic or
foam.
The following location on the adjoining public street or
road, and where authorized collectors usually pick up garbage:
On or just in back of the curb or curbline at the edge of the
cartway, for streets or roads which have curbs.
For streets or roads which do not have curbs, within reasonable
safe proximity of the paved cartway.
As otherwise established by regulation of the Township Board
of Supervisors or recycling coordinator, where the above locations
are not clear or satisfactory.
The program established by the Township through its authorized
commercial haulers to collect recyclable materials from the curbside
of designated residential establishments within the Township.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Those recyclable materials which must be separated from other
municipal waste and placed at the curbside for collection according
to the recycling regulations established and from time to time revised
by the Township.
Those recyclable materials which persons may deposit at one
or more public dropoff centers established as part of the recycling
program according to the recycling regulations established and from
time to time revised by the Township.
Bottles and jars made of clear, green or brown glass. Excluded
are plate glass, mirror glass, automotive glass, blue glass and porcelain
and ceramic products.
Any white paper of the type commonly used for letter writing,
stationery, note paper, plain paper for photocopying machines, computer
printers and other general-purpose paper, whether or not any printed
or written matter is contained thereon. It does not include newspaper,
magazines, corrugated paper, or any coated paper.
The standardized containers issued and or approved for use
by North Whitehall Township residents for the purpose of collecting,
storing and placing recyclables at the curbside for collection by
an authorized collector. These containers are the property of North
Whitehall Township and are to remain with the dwelling.
Includes, but not limited to, automotive, truck, and industrial
batteries that contain lead.
Leaves from trees, bushes, and all other plants, garden residues,
shrubbery, bundled tree trimmings not exceeding two inches in diameter
with a maximum length of four feet, and similar material. Grass clippings
shall not be included in this definition.
Printed matter on coated paper containing miscellaneous written
pieces published at fixed or varying intervals, also known as "periodicals,"
and includes telephone directories. Expressly excluded are newspaper
and all other paper products of any nature whatsoever.
Any four or more condominiums, apartments, or other residential
dwellings, regardless of the form of ownership, tenancy, or the physical
arrangement of the structure, which are owned under a single deed.
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 Pennsylvania Solid Waste Management Act[1] from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility. The term does not include source-separated recyclable materials.
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions,
containing advertisements and other matters of public interest. Expressly
excluded are magazines, periodicals and advertising inserts printed
on coated paper which are often distributed or intermingled with newspapers.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority or any other
legal entity whatsoever which is 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.
The plastic rings or similar plastic connectors used as holding
devices in the packaging of beverages, including, but not limited
to, carbonated beverages, liquors, wines, fruit juices, mineral waters,
soda and beer.
Plastic containers of all varieties, types, and chemical
compositions of plastic.
Materials identified by the Township from time to time to
be recycled, including, but not limited to, the materials listed in
Section 1501 of Act 101.[2]
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.
The rules, regulations, standards, specifications, orders,
licenses, permits, interpretations, schedules, zones, routes, and
waivers established from time to time by the Township pursuant to
the authority of this article. Such regulations shall be deemed to
be a part of this article and included by reference as if written
herein, upon approval by the Board of Supervisors.
The act or practice of removing, taking, scattering or disturbing
recyclable materials which have been collected and assembled in containers,
whether stored on private or public property or placed by a roadway
or curb for collection.
To separate recyclable materials from municipal solid waste
for the purpose of recycling.
North Whitehall Township, a Township of the Second Class,
located in Lehigh County, Pennsylvania, including the Board of Supervisors,
the Township staff, and others, when duly authorized to act pursuant
to this article.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed, whether municipal, residual, or hazardous waste, or otherwise.
The term does not include source-separated recyclable materials or
material approved by the Department for beneficial use.
A.
The following materials are hereby designated as recyclable materials
within North Whitehall Township:
(1)
Residential. For all residential establishments, including multifamily
housing, as defined by this article:
B.
The Board of Supervisors shall, by resolution, determine which of
the above materials are to be collected.
A.
Recyclable materials. Every person in North Whitehall Township shall be required to separate the recyclable materials listed in § 355-3, Recyclable Materials, of this article, to the extent determined by the Board of Supervisors by resolution, for the purpose of recycling, from all of the other municipal solid waste and other waste generated by that person. No person may dispose of such recyclable materials with any other municipal solid waste or other waste.
B.
Batteries. Lead acid batteries shall not be disposed of or included
in with any municipal solid waste or recyclable materials. Lead acid
batteries shall be disposed only in accordance with Section 1510 of
Act 101 (53 P.S. § 4000.1510), and otherwise prevailing
commonwealth law and regulations.
D.
Other waste. All other municipal solid waste and other waste materials,
whether residual, hazardous, or otherwise, shall be generated, stored,
separated, placed, collected, and disposed in accordance with all
other applicable federal, commonwealth, county, and Township laws,
ordinances, rules, regulations, specifications, standards, orders,
permits, and licenses.
All persons owning, occupying, or operating residential establishments
within North Whitehall Township shall comply with the following requirements:
A.
Separation. Separate the recyclable materials designated for collection
and maintain the materials in the separated condition until collection
by a licensed commercial hauler. The separation shall be performed
by the time those materials are placed at curbside for collection.
B.
Preparation. Prepare for recycling all of the recyclable materials
generated by that person, in accordance with the regulations for each
respective material as established by the Township, by the time that
those recyclable materials are placed for collection, and maintain
those materials in that condition.
C.
Recycling containers. Place recyclable materials in the separate
official Township recycling containers or other containers authorized
by the Township, in accordance with regulations established by the
Township. Each residential establishment shall acquire and use the
official Township recycling container for this purpose.
D.
Placement and time. The approved recycling container shall be placed
or set out at curbside, and the empty recycling container shall be
removed from curbside, on the scheduled day for collection, in accordance
with the times and schedules established by the hauler providing waste
collection service to such resident.
One initial recycling container shall be provided to each residential establishment, except multifamily housing, which elects to recycle in accordance with § 355-9B of this article. The Township shall have the power to require that each recycling container be identified with the residential establishment to which it is assigned.
A.
Replacement fee for additional containers. A reasonable replacement
fee for each recycling container shall be established, to provide
for the replacement of each of the Township's official recycling containers.
The amount of the purchase fee may be established or changed from
time to time by a resolution of the Township Board of Supervisors
and shall be adequate in amount to reimburse the Township for the
cost of purchasing a replacement for any such container.
B.
Time of purchase and payment. The replacement fee shall be paid to
the Township for all official Township recycling containers which
are supplied to residential establishments after May 1, 1991.
C.
Loss, theft, or damage.
(1)
The owner, occupant, and operator of each residential establishment
is responsible for and shall bear the risk of loss, theft, or damage
to the official recycling container supplied for the use of that establishment.
Returns of the purchase fee may not be made if the container is not
returned for any of these reasons, in which event the purchase fee
may be retained and used by the Township.
(2)
If any official recycling container for a residential establishment
is either lost, stolen, or damaged, the owner, occupant, or operator
shall pay a new purchase fee to the Township for replacement in kind
of the official recycling container, as otherwise specified in this
section.
(3)
No person shall damage, take, remove, deface, destroy or use a recycling
container issued or approved by North Whitehall Township or the County
of Lehigh for any purpose other than for approved storage and collection
of recyclable materials. All recycling containers issued by North
Whitehall Township as part of the recycling program are the property
of North Whitehall Township.
D.
Records by Treasurer. The Township Treasurer or his designee shall
establish and maintain records of the persons who have paid purchase
fees for the official Township recycling containers; the address or
location of the residential establishment to which the containers
were supplied; the amounts and dates that the purchase fees were paid;
the date and amount of any subsequent return, loss, theft, damage,
or payment of a purchase fee; and such other information that the
Treasurer shall determine.
A.
Curbside recycling program. Each commercial hauler shall collect all recyclable materials which are placed at curbside by each residential establishment, except multifamily housing which elects to recycle in accordance with § 355-9B, on at least two occasions per month.
B.
Duty to collect. Each commercial hauler shall collect and transport
any designated recyclable materials which have been properly prepared,
separated, and placed at curbside in time for collection on the scheduled
collection day. Commercial haulers shall have no obligation to collect
any materials which do not conform to this article or the supplemental
regulations to be adopted.
C.
Dropoff centers. The Township may operate or designate dropoff centers
at various locations within the Township for the collection of recyclable
materials. The Township shall advise residents of the locations, operating
hours, recyclable materials accepted, and other details of the operation
of the dropoff centers.
D.
Leaf waste. The Township shall collect leaf waste during the spring
and fall of each calendar year.
(1)
During those times of the year specified for collection in the supplemental
recycling regulations, all persons who gather leaf waste shall source-separate
such waste and place it for collection at the times and in the manner
specified in the regulations.
E.
Sale and marketing.
(1)
Recyclable materials that are collected shall be recycled by each
hauler.
(2)
Each hauler shall transport, process, sell, market, and dispose of
all recyclable materials collected by it in any manner that such hauler
sees fit, provided that such activities comport with federal and state
law and with the provisions of this article.
(3)
Each commercial hauler shall establish and keep records and report
at least annually to the Township the quantity, price and total amount
of recyclable materials collected, processed, marketed and sold.
(4)
Each hauler must provide written documentation that either all recyclable
materials are recycled, or that markets for those materials do not
exist.
A.
Except as set forth in this section, collection of recyclable materials
by persons not authorized by North Whitehall Township is strictly
prohibited.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Nothing in this article shall prohibit any resident from donating
or selling any such resident's own recyclables to any other person,
whether operating for a profit or not for profit. Nothing in this
article shall require any person to gather leaf waste nor prevent
any person from utilizing leaf waste for composting mulch, or other
agricultural, horticultural, silvicultural, gardening or landscaping
purpose.
C.
No person other than an authorized collector shall scavenge, remove,
take, scatter or disturb recyclable materials which have:
(1)
Been collected or assembled in recycling containers, whether stored
on public or private property; or
(2)
Been placed at the curbside for collection pursuant to the curbside
collection program; or
(3)
Been deposited at a dropoff center established pursuant to this article
or subsequent regulations issued hereunder.
D.
Unlawful scavenging shall not include the collection or assemblage
of scattered trash and debris, whether or not recyclable, from roadsides
or public property with the intent of properly disposing of or recycling
such trash and debris.
All multifamily housing, as defined in this article, shall recycle
all recyclable materials generated by either of the two following
methods:
A.
Contract. Each residential unit or household within a multifamily
housing complex by contracting with a commercial hauler or otherwise
providing for the recycling, as defined by Act 101,[1] of all of the recyclable materials generated within that
unit, in accordance with this article.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
B.
On-site system.
(1)
Multifamily rental housing properties may establish a collection
system for recyclable materials at each property, as required by Section
1501(c)(1)(ii) of Act 101,[2] which collection system shall consist of the following
components as a minimum:
(a)
Suitable containers for collecting and sorting materials.
(b)
Easily accessible locations for the containers.
(c)
Written instructions to the occupants concerning the use and availability
of the collection system.
[2]
Editor's Note: See 53 P.S. § 4000.1501(c)(1)(ii).
(2)
The Township may establish regulations defining compliance with these
requirements.
(3)
Owners, landlords, and agents of owners and landlords who comply
with this subsection shall not be liable for the noncompliance of
the occupants of their buildings.
A.
Recycling. Every person owning, occupying, or operating a commercial activity, as defined by this article, within the Township shall comply with this article by separating and storing in an enclosed building or closed container, or as otherwise approved by Township, until collection for recycling, by contract with a commercial hauler or otherwise, all of the recyclable materials designated in § 355-3 which are generated by that commercial activity.
B.
Compliance with hauler regulations. If a commercial solid waste hauler
is contracted, engaged, or hired for recycling, then the commercial
activity shall comply with all regulations of the commercial hauler
for recyclable materials with regard to the following:
Any commercial hauler contracted, engaged, or hired for the
collection of municipal solid waste in the Township shall comply with
the following requirements:
A.
B.
Separation. Every commercial hauler shall keep the several types
of recyclable materials which are designated for collection and collected
separate from each other, unless the hauler can demonstrate, in writing,
that a market exists for the commingled recyclable materials.
C.
Recycling. Every commercial hauler shall either:
D.
Recycling program. Effective May 1, 1991, each commercial hauler
collecting municipal solid waste in the Township shall commence the
collection of recyclable materials in strict accordance with the provisions
of this article and any accompanying regulations. Collection shall
be pursuant to such rules and regulations as the commercial hauler
shall reasonably prescribe. Each commercial hauler shall provide copies
of any such rules and regulations, together with its pickup schedules,
to the Township for approval by the Township prior to implementation.
E.
Annual reports. Every commercial hauler shall submit annual reports
to the Township. Reports shall be submitted within two months of the
end of each year. Each report shall state for that reporting period:
(1)
The quantity in tons of each recyclable material collected by that
hauler in the Township;
(2)
The total quantity in tons of all garbage, trash, and refuse collected
by that hauler in the Township; and
(3)
To whom or where and how each recyclable material was sold or delivered
for processing or recycling.
F.
Reporting noncompliance. Every commercial hauler shall report to
the Township all instances of apparent noncompliance, with either
this article or Township regulations, within 72 hours of becoming
aware of such noncompliance.
A.
Regulations. The Township Board of Supervisors may, from time to
time, establish regulations for the following parts of the Township's
recycling program (or otherwise), as the Board shall deem appropriate,
which regulations shall become effective five days after adoption:
(1)
Plastic containers: varieties, types, and chemical compositions to
be collected for recycling, both in the Township's curbside recycling
program and at any dropoff centers, or otherwise disposed in municipal
solid waste.
(2)
Preparation of recyclable materials for recycling.
(3)
Separating, placing or combining recyclable materials in the official
Township recycling bins.
(4)
Exact locations for curbside pickup, where those locations are not
established or are otherwise unsatisfactory.
(5)
Zones, routes, and schedules for collection days.
(6)
Times to set out and bring in the official Township recycling bins.
(7)
Dropoff center locations, operating hours, materials accepted, and
other details.
Any person seeking to establish a recycling facility within the boundaries of the Township must first obtain all necessary approvals in accordance with the terms and conditions of Chapter 440, Zoning, of this Code, as subsequently amended from time to time.
The Township Board of Supervisors or its designee shall be responsible
for monitoring and enforcing compliance with this article and regulations.
A.
Civil liability before Magisterial District Judge. Any commercial
activity, as defined by this article, or commercial hauler or any
owner, occupant, or operator of a residential establishment who violates
or assists in the violation of any provision of this article shall
be subject to the following civil penalties, payable to the Township,
upon a finding of liability therefor by the Magisterial District Judge:
(1)
First action. For the first action before the Magisterial District
Judge within the last year, a civil penalty of not more than $300
and costs, including reasonable attorney's fees.
(2)
Subsequent actions. Violations of this article shall be punishable as a summary offense as set forth in § 1-16A of this Code.
[Amended 5-21-1997 by Ord. No. 1997-1]
(3)
Each day that a violation of this article continues shall be deemed
to be a separate violation. Each violation shall be deemed to be a
separate violation.
B.
Incentives.
(1)
The Township Board of Supervisors or its designee shall have the
power to establish incentives to promote compliance with this article,
as may be appropriate from time to time, and such designee shall report
at least annually to the Board of Supervisors on the incentives which
have been established, and when and to whom those incentives have
been granted.
(2)
Procurement options. The Township may utilize the provisions of Act
101's Section 1507, Procurement Procedures for Local Public Agencies,
and Section 1508, Procurement Options for Local Public Agencies and
Certain Commonwealth Agencies, if the Township elects to do so.[1]
[1]
Editor's Note: See 53 P.S. §§ 4000.1507 and
4000.1508, respectively.
[Adopted 10-15-2008 by Ord. No. 2008-1]
This article shall be known and may be cited as the "North Whitehall
Township Solid Waste Disposal Ordinance of 2008."
The Board of Supervisors of the North Whitehall Township, under
and by virtue of and pursuant to the authority granted by the Pennsylvania
Municipalities Planning Code (MPC) and Second Class Township Code
Act of May 1, 1933 (P.L. 103, No. 69), reenacted and amended November
9, 1995 (P.L. 350, No. 60), as amended,[1] do hereby enact and ordain this article.
[1]
Editor's Note: See 53 P.S. §§ 10101 et seq.
and 65101 et seq., respectively.
Definitions as used herein shall have the meanings as set forth
below:
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
Any owner of a waste transportation vehicle licensed under
Pennsylvania Act 90.[1]
Garbage, refuse, industrial lunchroom or office waste and
other material, including solid, liquid, semisolid or contained gaseous
material resulting from the operation of residential, municipal, commercial
or institutional establishments and from community activities; and
sludge not meeting the definition of residual or hazardous waste under
this section from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in real estate in the Township of North
Whitehall or otherwise having control of the property, including the
guardian of an estate of such person and the executor or administrator
of the estate of such person.
An individual, corporation, partnership or other group acting
as a unit.
A lot, plot or parcel of land, including any structures thereon.
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
An open space on the same lot with a structure.
[1]
Editor's Note: See 27 Pa.C.S.A. § 6201 et seq.
A.
Accumulation prohibited. All exterior property and premises and the
interior of every structure shall be free from any accumulation of
municipal waste.
B.
Method of disposal. The occupants of a structure shall dispose of
all municipal waste in a clean and sanitary manner by placing such
municipal waste in approved containers.
C.
Containers required. The owner of every dwelling shall supply approved
leakproof, covered, outside garbage containers of sufficient number
so that all garbage and refuse of all of the occupants of the premises
can dispose of their municipal waste in a garbage container and so
that no municipal waste is stored by any occupant of the premises
outside of a garbage container at any time.
D.
Storage of municipal waste. The owner of any premises shall provide
at all times approved leakproof containers with close-fitting covers
for the storage of municipal waste until such time as the municipal
waste is removed from the premises for disposal.
E.
Removal by licensed haulers. Every owner in North Whitehall Township
shall contract with an individual, entity or firm which is a licensed
hauler by the Commonwealth of Pennsylvania to have all the municipal
waste generated on the premises by any of the occupants of the premises
removed on a weekly basis or more often.
F.
Proof of contract required. Whenever requested by the Township of
North Whitehall, the owner of any real estate within North Whitehall
Township shall present proof adequate in the judgment of the Zoning
and/or Code Enforcement Officer or other designee that the owner of
said real estate has a current contract with a licensed hauler to
dispose of municipal waste generated on the premises on a weekly basis
or more often. The owner of the premises shall have 72 hours to provide
proof to the Zoning and/or Code Enforcement Officer or other designee
that they have a current contract with a licensed hauler to provide
sufficient service to satisfy the terms and conditions of this article.
G.
Duties of haulers. Any hauler picking up municipal waste in North
Whitehall Township shall be required to advise North Whitehall Township,
in writing, within 72 hours after request from the North Whitehall
Township as to whether an owner has a current contract for municipal
waste disposal from his premises in North Whitehall Township. Furthermore,
all licensed haulers shall cooperate with North Whitehall Township's
designee in providing information in the event that an action is instituted
to enforce the terms and conditions of this article.
H.
Violations and penalties. Any person who shall violate the terms or conditions of this article shall, upon conviction thereof, be subject to a penalty as set forth in § 1-16A of this Code. Each day that a violation continues after notice of the violation has been served shall be deemed to be a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
I.
Compost piles. Notwithstanding the terms of this article, compost
piles kept by occupants or tenants of a structure shall not violate
the terms and conditions of this article, provided that the materials
in the compost piles do not generate any offensive odors and provided
further that said compost piles are secure so that animals do not
spread the materials from the compost piles around the premises.
The provisions of this article are severable, and if any section,
clause, sentence, part, or provision thereof shall be held illegal,
invalid, or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections, clauses, sentences, parts, or provisions of this article.
It is hereby declared to be the intent of the Board of Supervisors
that this article would have been adopted if such illegal, invalid,
or unconstitutional section, clause, sentence, part, or provision
had not been included herein.
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed only to the extent of such inconsistency.
This article shall become effective on the first day of November
2008.
