[HISTORY: Adopted by the Board of Supervisors of the Township
of Moore as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-4-2013 by Ord.
No. 2013-04]
The yard waste facility located at the Moore Township Municipal
Complex shall be for the use of Moore Township residents only.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
The yard waste facility maintained at the Moore Township Municipal
Complex shall be available for the deposit of residential yard waste
only, which yard waste shall include sticks, twigs, leaves and garden
plant residue, brush, hedge trimmings and branches not to exceed 20
inches in diameter and four feet in length. This material shall thereafter
be ground up and shall become mulch. Regulations concerning the site,
including hours of operation, shall be set by the Board of Supervisors.
Acceptable materials may be altered based on materials accepted by
the governing authority.
Materials such as sod, dirt, plastic bags, stone and grass may
not be deposited at the Moore Township yard waste recycling facility.
Township residents may retrieve mulch and compost only. All
other materials at the Complex are for Township use only.
Non-Township-residents may not deposit or retrieve materials
from the Moore Township yard waste facility located at the Moore Township
Municipal Complex.
The Moore Township yard waste facility shall not be used for
commercial deposits or retrieval, including but not limited to materials
from construction used in residential and/or commercial construction.
Any individual and/or entity using and/or accessing and/or delivering
and/or removing materials from the Moore Township yard waste facility
located at the Moore Township Municipal Complex in violation of this
article shall be fined up to $600 per violation, as follows: $250
for first violation, $400 for second violation and $600 for each subsequent
violation.
If any provision, sentence, clause, section, or part of this
article is for any reason found to be unconstitutional, illegal or
invalid, such unconstitutionality, illegality or invalidity shall
not affect or impair any of the remaining provisions of this article.
It is hereby declared as the intent of Moore Township that this article
would have been adopted had such stricken provisions not been included
herein.
All ordinances and parts of ordinances inconsistent herewith
are hereby repealed.
This article shall become effective five days after the adoption
hereof.
[Adopted 8-5-2014 by Ord.
No. 2014-08]
This article shall be known as the "Moore Township Municipal
Solid Waste Ordinance."
The following words and phrases when used in this article shall
have, unless the context clearly indicates otherwise, the meanings
given to them in this section:
A person/company desirous of being authorized as a collector.
A person/company authorized to collect, transport, and dispose
of municipal waste from Moore Township.
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, office buildings,
restaurants, shopping centers, and theaters.
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
of the Commonwealth of Pennsylvania.
Any site, facility, location, area, or premises to be used
for the disposal of municipal waste.
All animal and vegetable wastes attending or resulting from
the handling, dealing, storing, preparation, cooking, and consumption
of foods.
Any establishment engaged in service to persons, including
but not limited to hospitals, nursing homes, orphanages, schools,
and universities.
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 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 from a municipal, commercial or institutional water supply treatment
plant, wastewater treatment plant, or air pollution control facility"
(Pennsylvania Solid Waste Management Act 97, Section 103).[1]
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution and agency, or any other legal entity whatsoever
which is recognized by law as being subject to the rights and duties
of a person.
Any technology used for the purpose of reducing the volume
or bulk of municipal waste or any technology used to convert part
of 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 collective term applying to all garbage, rubbish, ashes,
leaves, and grass trimmings from residential, municipal, commercial,
or institutional premises.
At least three or more times per month.
Any waste, including but not limited to municipal, residual,
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials (Pennsylvania Solid Waste Management Act 97, Section
103).[2]
The containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal of such waste, and
it shall be presumed that the containment of any municipal waste in
excess of one year constitutes disposal.
Moore Township, Northampton County, Pennsylvania.
The off-site removal of any municipal waste generated or
present at any time from Moore Township, Northampton County.
A.
General.
(1)
It shall be the duty of every owner of property and every person
occupying any dwelling unit, premises or place of business within
Moore Township where municipal waste is produced and is accumulated
to provide and keep at all times, a sufficient number of containers
to hold all municipal waste which may accumulate during the intervals
between collection of such municipal waste by an authorized collector.
All containers shall be acquired by the owner or renter.
(2)
Every Moore Township property owner or renter shall contract with
a licensed hauler for refuse removal.
(3)
Upon request, every Moore Township property owner or renter shall
furnish proof to the Township within 72 hours that he or she has a
contract or has made arrangements for waste removal with a licensed
collector or has made adequate provisions with a hauler or facility
in order to remove his or her waste. A tenant in a rental unit may
provide verification that the landlord has made such arrangements
for the proper removal and disposal of waste as required under this
article.
B.
Storage on residential properties.
(1)
Containers. All municipal waste accumulated by owners of each residential
property and/or the occupants of residential properties shall be placed
in containers for collection by an authorized collector. The containers
shall be durable, watertight, and made of metal or plastic. Securely
tied plastic bags may be used in cases where such bags can be used
without being torn open by domestic or wild animals. The size of each
such container shall not exceed a thirty-gallon capacity. However,
large containers designed for use with special hoisting equipment
may be used if the collector serving the residence uses collection
vehicles with such special hoisting equipment.
(2)
Location of containers. Each municipal waste container shall be located
so as to be accessible to the collector at ground level and at a point
on the curbline of the street, or within no less than 10 feet of the
public street or alley right-of-way from which collection from a vehicle
can be made.
C.
Storage on commercial, institutional and industrial properties.
(1)
Containers. Storage of municipal waste on commercial, institutional
and industrial properties shall be done in the same type of containers
as are required for residential properties except that containers
larger than 30 gallons may be used, where needed, to accommodate larger
volumes of municipal wastes. Such containers shall be kept in good
working order.
(2)
Location of containers. Containers for collection at commercial,
institutional and industrial properties shall be located on such premises
at a place which shall not interfere with public or private sidewalks,
driveways, roads, streets, highways or entrances and exits or public
or private buildings.
A.
Unauthorized collection and transportation. It shall be unlawful
for any person other than such persons as are duly authorized by the
Township of Moore to collect and transport solid waste of any nature
as a regular hauling business within or from the Moore Township. Authorization
shall be given only as set forth below.
B.
Licensing procedure. Authorization to collect, transport, and dispose
of municipal waste for persons other than oneself may be given only
by the Moore Township through the issuance of a license. (No fee shall
be collected for said license). All applications for licensing shall
be approved in accordance with the following:
(1)
Eligible persons. Municipal solid waste collection licenses may be
issued to only those persons who can provide satisfactory evidence
that they are capable of providing the necessary services and can
comply with the provisions and intent of this article. The Township
of Moore reserves the right to disapprove any application for license.
(2)
Application procedure. Applicants for a municipal solid waste collection
license must furnish the following information:
(a)
The make, model, license plate number, and size of each vehicle
to be used for collection and transportation;
(b)
The location, address, and telephone number of the business
office of the applicant;
(c)
A certificate of the applicant's workmen's compensation
insurance as required by law;
(d)
A certificate of insurance coverage providing complete third-party
comprehensive, bodily injury and property damage liability insurance,
the limits of which shall not be less than $100,000/$300,000 for bodily
injury and $50,000 for property damage; and
(e)
Any other information which the Township of Moore may request
and deem necessary prior to the issuance of a license.
(3)
Issuance. Licenses shall be issued on a calendar-year basis, but
may be revoked at any time by the Township of Moore for failure to
comply with the provisions of this article.
(4)
License and capacity. Each vehicle must prominently display the name
and number of the licensee.
A.
Prevention of spillage. Any person transporting solid waste within
Moore Township shall prevent or remedy any spillage from vehicles
or containers used in the transport of such solid waste.
A.
Designated facilities. All municipal waste produced, collected, and
transported from within the jurisdictional limits of the Township
of Moore shall be, to the extent permitted by law, disposed of at
disposal facilities designated by the Township of Moore and in accordance
with any currently effective solid waste management plan of the Township
of Moore. In the absence of such designated facilities and/or such
currently effective solid waste management plan, municipal waste from
the Township of Moore must be disposed of at a state-permitted facility.
B.
Notice to collectors. If the Township of Moore designates the disposal
facilities as provided for above, all authorized collectors and other
interested persons shall be informed of the location and other information,
pertaining to the designated disposal facilities to be used for the
disposal of municipal waste collected, transported, removed, and disposed.
A.
Individuals not engaged in collection. Nothing contained herein shall
be deemed to prohibit any residential property occupant not regularly
engaged in the business of collecting municipal waste from hauling
his own municipal waste on an irregular and unscheduled basis to a
state-permitted disposal facility.
B.
Farming activities. Nothing contained herein shall prohibit a farmer
from carrying out the normal activities of his farming operation,
including composting and spreading of manure or other farm-produced
agricultural waste.
C.
Hazardous and residual waste. The provisions of this article do not
apply to anything but the storage, collection, transportation, and
disposal of municipal waste and do not apply, therefore, to hazardous
or residual waste as defined by the Pennsylvania Solid Waste Management
Act and any amendments thereto.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
A.
Penalty. Any person violating any of the provisions of this article
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Township in the enforcement of this
chapter. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense. Further, the appropriate officers or agents of the
Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B.
Additional remedies. In addition to the foregoing penalty, the Township
of Moore may require the owner or occupant of a property to remove
any accumulation of solid waste and should said person fail to remove
such solid waste after 10 days following written notice, the Township
of Moore may cause the solid waste to be collected and disposed of
with the costs for such actions to be charged to the owner or occupant
of the property in a manner provided by law.
C.
Abatement. The imposition of the penalties herein prescribed shall
not preclude the Township of Moore from instituting appropriate actions
or proceedings to prevent the violation of this article, to restrain,
correct or abate any such violation, or to prevent any act, conduct,
business or activity constituting a violation.
A.
Severability. Should any section, paragraph, sentence, clause, or
phrase of this article be declared unconstitutional or invalid for
any reason, the remainder of this article shall not be affected thereby.
B.
Effect of additional regulations. This article shall be subject to
all applicable federal, state, and local laws, ordinances, rules,
and regulations, including the rules and regulations as set forth
by the Department of Environmental Resources, Commonwealth of Pennsylvania.
C.
Effective date. This article shall become effective five days after
enactment.
D.
Headings. The headings of the sections of this article are inserted
for convenience of reference only and shall not be considered a part
hereof.
