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Editor's Note: This chapter was reorganized by Ord. No. 2020-12, 11/5/2020.
[Ord. 6-86, 1/30/1986, Art. 1]
This Part shall be known as "the Township of Upper Macungie
Municipal Solid Waste Ordinance."
[Ord. 6-86, 1/30/1986, Art. 2]
The purposes of this Part are to ensure the safe and effective
management of solid waste materials and to establish a program of
regulation over the storage and disposal of solid waste materials
in the Township of Upper Macungie, Pennsylvania.
[Ord. 6-86, 1/30/1986, Art. 3; as amended by Ord. 22-91,
12/5/1991, § 1; Ord. No.
2020-12, 11/5/2020]
The following words and phrases, when used in this Chapter,
shall have, unless the context clearly indicates otherwise, the meanings
given to them in this Section:
Containers which are comprised entirely of aluminum and which
formerly contained only nonaerosol edible substances.
Cans consisting of steel sides with an aluminum top which
formerly contained only nonaerosol edible substances.
The Board of Supervisors of the Township of Upper Macungie.
Refrigerators, washers, dryers, hot water heaters, stoves,
chairs, tables, sofas, rugs, mattresses, lawn mowers, tires, large
auto parts and similar items which may require special handling due
to their size, shape, or weight.
Aluminum, bimetal or tin cans or a combination thereof.
An establishment engaged in nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers, and theaters.
The person or persons with whom the Township contracts for
collection of municipal waste and recyclables generated at residential
establishments.
Unbleached kraft paper with ruffled inner liner normally
used for packing, mailing, or shipping, but excluding corrugated cardboard
that is soiled or coated with wax, plastic, or foam. Corrugated cardboard
does not include liner board or paper board normally used as cereal
boxes and similar containers.
A location readily accessible to an authorized collector
adjacent to the curb or adjacent to the roadway if there is no curb,
where each person affected by this Part places municipal waste and
recyclables for collection.
Those recyclable materials which must be separated from other
municipal waste and placed at the curbside for collection according
to the recycling regulations.
The incineration, deposition, injection, dumping, spilling,
leaking, or placing of municipal waste into or on the land or water
in a manner that the waste or a constituent of the waste enters the
environment, is emitted into the air, or is discharged to the waters.
Any site, facility, location, area, or premises to be used
for the disposal of municipal waste.
Any device covered by PA Act 108 of 2010 (Covered Device
Recycling Act); commonly, discarded computers, office electronic equipment,
entertainment devices, electronics, mobile phones, and television
sets. This includes used electronics which are destined for reuse,
resale, salvage, recycling, or disposal.
All animal and vegetable wastes attending or resulting from
the handling, dealing, storing, preparation, cooking and consumption
of foods.
All clear (flint), green and brown (amber) colored glass
containers. For the purpose of these regulations, glass shall not
include crystal, ceramics, porcelain, and plate, window, laminated,
wired, blue, automobile, or mirror glass.
A solid waste, as defined in this Part, or any combination
of solid wastes, sludge from an industrial or other wastewater treatment
plant, sludge from a water supply treatment plant or air pollution
control facility or other discarded material, which because of its
quantity, quality, concentration or physical, chemical or infectious
characteristics may cause or significantly contribute to an increase
in mortality in either an individual or the total population, or an
increase in serious irreversible or incapacitating reversible illness,
or pose a substantial present or future threat or potential hazard
to human health or the environment when improperly treated, stored,
transported or disposed of or otherwise managed.
A recyclable plastic used for items such as milk containers,
detergent containers, and base cups for PET soda bottles and other
containers marked with the standard industry recycling label "2-HDPE."
Any white bond, copier, letterhead or mimeograph paper typically
sold as "white ledger" paper and computer paper.
The standardized containers issued or approved by the Township
of Upper Macungie for the purpose of collecting, storing and placing
recyclables at the curbside for collection by an authorized collector.
Any establishment engaged in manufacturing, storage, handling
or processing, including, but not limited to, factories, foundries,
mills, processing plants, refineries, warehouses, mine, and slaughterhouses.
Any establishment engaged in service including, but not limited
to, hospitals, nursing homes, orphanages, schools, and universities.
Direct mail advertising, material including envelopes received
at a residential unit.
Leaves, garden residues, shrubbery and tree trimmings and
similar material, but not including grass clippings.
The entire process, or any part thereof, of storage, collection,
transportation, processing, treatment and disposal of municipal waste
by any person engaging in such process.
Any facility or building owned or operated by a local government
or county government, local government, or county government authority,
state government or agency, or federal government or agency.
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 plan, wastewater
treatment plant, or air pollution control facility. The term does
not include source-separated recyclable materials.
Those regulations issued and from time to time revised by
resolution of the Board of Supervisors setting forth specific requirements
for the municipal waste collection program.
The paper commonly known as newsprint used for printing of
newspaper and any white or colored inserts made of other paper but
which are delivered along with the newspaper, but excluding soiled
newspaper. Magazines and periodicals as well as other paper products
are not newspaper.
Any individual, corporation, association, partnership, trust,
firm, joint-stock company, organization, institution, cooperative
enterprise, commission, municipal authority, governmental body or
agency, or any other legal entity which is recognized by law as the
subject of rights and duties.
A type of plastic resin commonly used for the manufacture
of one-, two- and three-liter nonreturnable soda bottles and other
containers marked with the standard industry recycling label "1-PETE."
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,
incinerators, recycling facilities, and resource recovery facilities.
The curbside collection program, public drop-off center,
and leaf waste separation program established by the Township of Upper
Macungie pursuant to this Article and the recycling regulations.
Those regulations issued by and from time to time revised
by resolution of the Board of Supervisors setting forth specific requirements
for the recycling program.
The collective term applying to all garbage, rubbish, ashes,
leaves and grass trimmings from residential, municipal, commercial
or institutional premises.
Any premises utilized primarily as a residential dwelling,
including but not limited to a single-family dwelling, whether attached
or detached, including apartments and mobile homes, whether owner-occupied
or rented, but excluding apartment buildings and complexes containing
five or more dwellings, other multifamily developments, and mobile
home parks in groups of five or more units.
Includes junk mail, magazines, telephone books, catalogs,
paperback books, home/office paper, cereal boxes with plastic lining
removed and gift wrappings and boxes.
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 hereunder from a municipal, commercial or institutional water
supply treatment plant, wastewater treatment plant, or air pollution
control facility.
Garbage, refuse and other discarded materials, including,
but not limited to, solid, semisolid, liquid and contained gaseous
waste materials resulting from municipal, industrial, mining, institutional,
commercial, agricultural, community or residential activities.
The containment of 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 waste in excess of one month constitutes disposal
rather than storage, unless such waste is in the form of clean glass,
metal, paper or other sorted recyclables approved by the Township,
which can be contained for periods not to exceed three months. This
presumption can be overcome by clear and convincing evidence to the
contrary.
Tin-coated steel containers widely used for canned goods
such as soup, vegetables, or pet food or other nonaerosol edible substances.
Upper Macungie Township, Lehigh County, Pennsylvania.
The off-site removal of any municipal waste generated or
present at any time from the Township of Upper Macungie.
Grass clippings, leaves, plant trimmings, shrubs, and small
trees or tree trimmings which are no longer than four feet in length
and five inches in diameter.
