[Adopted 3-21-1991 by Ord. No. 1991-2]
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:
ALUMINUM CANS
Empty nonaerosol containers, consisting entirely of aluminum.
AUTHORIZED COLLECTOR
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)]
BIMETALLIC CONTAINERS
Empty nonaerosol containers consisting of either steel only
or steel and aluminum, which were used to contain either food or beverage,
or both.
COATED PAPER
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.
COMMERCIAL ACTIVITY
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.
COMMERCIAL HAULER
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)]
CORRUGATED PAPER
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.
CURBSIDE
The following location on the adjoining public street or
road, and where authorized collectors usually pick up garbage:
A.
On or just in back of the curb or curbline at the edge of the
cartway, for streets or roads which have curbs.
B.
For streets or roads which do not have curbs, within reasonable
safe proximity of the paved cartway.
C.
As otherwise established by regulation of the Township Board
of Supervisors or recycling coordinator, where the above locations
are not clear or satisfactory.
CURBSIDE RECYCLING PROGRAM
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)]
DESIGNATED RECYCLABLES FOR CURBSIDE COLLECTION
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.
DESIGNATED RECYCLABLES FOR PUBLIC DROPOFF CENTER
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.
GLASS CONTAINERS
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.
HIGH-GRADE OFFICE PAPER
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.
HOUSEHOLD STORAGE OR RECYCLING CONTAINERS
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.
LEAD ACID BATTERIES
Includes, but not limited to, automotive, truck, and industrial
batteries that contain lead.
LEAF WASTE
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.
MAGAZINES
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.
MULTIFAMILY HOUSING
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.
MUNICIPAL WASTE
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 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.
NEWSPAPERS
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.
PERSON
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.
PLASTIC BEVERAGE CARRIER
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
Plastic containers of all varieties, types, and chemical
compositions of plastic.
RECYCLABLE MATERIALS
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.
RECYCLING FACILITY
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.
REGULATIONS
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.
RESIDENTIAL ESTABLISHMENT
A.
Shall mean:
(1)
A single-family dwelling.
(2)
Each structure containing three or less residential dwellings.
(3)
Each residential dwelling within any structure containing three
or less residential dwellings.
B.
These definitions shall apply regardless of either the form
of ownership or tenancy or the physical arrangement of the structure.
If any commercial activity occurs in a residential establishment,
the entire establishment shall be deemed to be a commercial activity.
SCAVENGING
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.
SOURCE-SEPARATE
To separate recyclable materials from municipal solid waste
for the purpose of recycling.
TOWNSHIP
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.
WASTE
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.
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.
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, of all of the recyclable materials generated within that
unit, in accordance with this article.
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, 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) 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.
Any commercial hauler contracted, engaged, or hired for the
collection of municipal solid waste in the Township shall comply with
the following requirements:
A. Compliance with laws. Every commercial hauler shall comply with this
article, Act 101, and all other applicable laws and regulations.
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:
(1) Process and recycle all of the recyclable materials;
(2) Transport, process, market, sell, or deliver all of the recyclable
materials to dealers in those materials, and document such delivery
in writing; or
(3) Provide written proof that markets for those materials do not exist.
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.
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.
[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, do hereby enact and ordain this article.
Definitions as used herein shall have the meanings as set forth
below:
EXTERIOR PROPERTY
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
LICENSED HAULER
Any owner of a waste transportation vehicle licensed under
Pennsylvania Act 90.
MUNICIPAL WASTE
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.
OWNER
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.
PERSON
An individual, corporation, partnership or other group acting
as a unit.
PREMISES
A lot, plot or parcel of land, including any structures thereon.
TENANT
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
YARD
An open space on the same lot with a structure.
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.