[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Mount Bethel as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-12-2011 by Ord. No. 2011-04]
A. 
This chapter hereby establishes a program for collection, storage, transportation, processing and disposal of municipal waste and for the mandatory source separation and separate curbside collection and recycling of designated recyclables, providing for the regulation of haulers, disposal of designated recyclable with municipal waste, prohibiting the burning of designated recyclables, empowering the Township to adopt reasonable regulations/policies and procedures thereof and fixing penalties for violation of this chapter.
B. 
All domestic, commercial, institutional and industrial waste and recyclables accumulated upon any property within Upper Mount Bethel Township shall be collected and removed by a hauler who shall be permitted by the State of Pennsylvania. Waste shall be disposed of in accordance with the Solid Waste Management Act[1] and the Northampton County Municipal Waste Plan.
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
C. 
This chapter shall provide mandatory participation in the recycling program in accordance with the requirements of Act 101 of 1988[2] and govern all aspects of the collection, storage, transportation, processing and disposal of municipal solid waste in Upper Mount Bethel Township. It contains regulations that are applicable to collectors of municipal waste and/or recyclables, individuals, developments and commercial, municipal and institutional establishments, and community activities.
[2]
Editor's Note: See 53 P.S. § 4000.101 et seq.
A chapter to establish a program in accordance with the requirements of Act 101 of 1988[1] for the mandatory source separation, separate collection and recycling of designated recyclable materials, and from residences and properties receiving municipal waste collection service from or on behalf of the Township of Upper Mount Bethel for recycling purposes to prohibit the disposal of designated recyclable materials into the conventional municipal waste disposal system, to empower the Township to promulgate and adopt reasonable rules and regulations therefore, and to fix penalties for violation of this chapter.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
As used in this chapter, the following terms shall have the meaning indicated, unless a different meaning appears clearly from the context:
AGENT
One who performs an act for his immediate family or for another person as defined in this chapter, with or without compensation.
ALUMINUM CANS
Empty, all-aluminum beverage and food containers.
AUTHORIZED COLLECTOR
A "private hauler" (as defined herein), or a person who, being so authorized by the terms of this chapter, removes municipal waste or recyclables from his own premises as owner of the building or commercial, municipal or institutional establishment or community activity conducted therein, or as an agent of another person.
BIMETALLIC CANS
Empty food or beverage containers consisting of both steel and aluminum.
BULK WASTE
Also known as "bulk items," includes but is not limited to items such as furniture, mattresses, storm sashes, screens, carpets, white goods, freon-free and other household waste material from a residential source other than construction debris or hazardous waste, with a weight or volume greater than allowed.
COLLECTOR
A general term referring to any person who collects, for removal from premises, municipal waste or recyclables.
COMMERCIAL
Any establishment engaged in a nonmanufacturing or nonprocessing business including, but not limited to, stores, markets, office buildings, restaurants, shopping centers, apartment buildings with three or more units, theaters, churches, mobile/manufactured home parks, condominiums and townhouses, or a similar type of development.
COMMUNITY ACTIVITY
Events sponsored in whole or in part by a mandated municipality, or conducted within a municipality and sponsored privately, which include, but are not limited to, fairs, bazaars, socials, picnics and organized sporting events that will be attended by 200 or more individuals per day.
COMPOSTING
The process of the biological decomposition of organic solid waste being biologically decomposed under controlled anaerobic or aerobic conditions to yield humus like product.
CONSTRUCTION DEBRIS
Waste building materials resulting from construction, remodeling, repair or demolition operations. Construction debris is considered recyclable material.
CONTAINER
A metal or plastic receptacle or garbage bags used for solid waste and/or recyclables collection. Greater than 10 gallons but no more than the equivalent of five, 35 gallon containers, not to exceed 175 gallons.
CORRUGATED PAPER
Structural paper material with an inner-core shaped in rigid parallel furrows and ridges of the type normally used to make packing cartons and boxes.
CURBSIDE
That location at the edge of any lot, parcel or piece of land adjacent to a public right-of-way or roadway, and which location is most accessible and/or convenient to any authorized collector, as defined by this chapter, for the purpose of collecting municipal waste and/or recyclables.
CURBSIDE COLLECTION
A method of collection of residentially generated municipal waste and recyclables by which the owners or occupants of certain residential properties place them at curbside at a time designated by Upper Mount Bethel Township for collection and removal thereof for delivery to a recycling center.
DESIGNATED RECYCLABLES
Those recyclable materials specified by Upper Mount Bethel Township for collection under its mandatory recycling program.
DISPOSAL
The incineration, disposition, injection, dumping, spilling, leaking or placing of municipal waste into or on the land or water in a manner such that the municipal waste or a constituent thereof enters the environment, is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania.
DISPOSAL AREA
Any site, location, area, building, structure, transfer station or premises to be used for municipal waste disposal.
GARBAGE
All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food but not including sewage or sewage sludge, human excrement or yard waste.
GLASS CONTAINERS
All empty food and beverage jars or bottles, the product being transparent or translucent (clear, green or brown). Expressly excluded are noncontainer glass, window or plate glass, light bulbs, blue glass and porcelain and ceramic products.
HIGH-GRADE PAPER
Bond, copier, letterhead or mimeograph paper, typically sold as "white ledger" paper, and computer paper.
INSTITUTIONAL
Of or pertaining to any establishment engaged in service to persons including, but not limited to, hospitals, nursing homes, schools, universities, churches and social or fraternal societies and organizations.
LANDLORD
The owner of residential property, upon which nonowners reside, or such owner's authorized agent.
LEAF WASTE
Leaves from trees, bushes and other plants, garden residue, shrubbery and tree trimmings and similar materials, but not including grass clippings.
MAGAZINES
Printed matter, also known as "periodicals," containing miscellaneous written pieces published at fixed or varying intervals, printed on glossy or chemically coated paper. Expressly excluded are newspapers and all other paper products of any nature whatsoever.
MOBILE HOME OR MANUFACTURED HOME PARKS
A parcel of land under single ownership which has been planned and improved for the placement of two or more mobile homes for non transient residential use. Mobile home parks will be considered commercial establishments.
MULTIFAMILY DWELLING
A building containing three or more dwelling units. Multifamily dwellings will be considered commercial establishments.
MUNICIPAL
Of or pertaining to any office or other property under the control of any branch or arm of the Federal Government of the United States of America, the Commonwealth of Pennsylvania or any political subdivision of the Commonwealth of Pennsylvania, including, but not limited to, Upper Mount Bethel Township, any counties, cities, boroughs, townships and municipal authorities.
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 designated hazardous waste from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility.
MUNICIPAL WASTE LANDFILL
Any facility that is designed, operated, used and or maintained for the disposal of municipal waste. The term shall not include any facility that is used exclusively for disposal of construction/demolition waste or sludge from sewage treatment plants or water supply treatment plants.
NEWSPAPER
Paper of the type commonly referred to as "newsprint" and distributed at fixed or stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest. The term "newspaper" expressly excludes glossy advertising inserts, magazines, glossy or other chemically coated paper, office paper and any other paper products of any nature.
PERSON
Any agent, individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, federal government or agency, state institution or agency, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provisions of this chapter 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 CONTAINERS
Empty plastic food and beverage containers, the specific types of which are Nos. 1 through 7. Other such plastic as may be designated by resolution of the Upper Mount Bethel Township Supervisors.
PRIVATE HAULER
A person licensed by the State of Pennsylvania as per the amended 27 Pa.C.S.A § 6204 et seq., to collect, haul and transport municipal waste and recyclables. All such haulers shall comply with the provisions of 27 Pa.C.S.A § 6204 et seq., as well as all federal, state, county and local laws and regulations.
RECYCLABLES
Includes office and mixed paper; cardboard and flatboard; newspapers, including colored inserts; magazines; empty aerosol cans; telephone books; bimetal and aluminum cans; clear glass, green and brown glass, glass bottles and jars; plastics and materials and other items included in single stream recycling collection. Construction debris is considered recyclable material.
RECYCLING FACILITY
A facility employing a technology and/or 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 term does not include:
A. 
Any composting facility.
B. 
Methane gas extraction from a municipal waste landfill.
C. 
Any separation and collection center, dropoff point or collection center for recycling, or any source separation or collection center for comporting leaf waste.
D. 
Any facility, including all units in the facility with a total processing capacity of less than 50 tons per day.
RESIDENT
Any person residing or sleeping in a building or having possession of a space within a building.
RUBBISH
Solid waste, exclusive of garbage (e.g., nonrecyclable glass, metal, paper or plastic), and noncompostable plant material, wood or nonperishable solid waste.
SINGLE STREAM
Single stream (also known as "fully commingled") recycling refers to a system in which all paper fibers and containers are mixed together in a collection truck, instead of being sorted into separate commodities (newspaper, cardboard, plastic, glass, etc.).
STEEL CANS
Empty food or beverage containers made of steel, tin-coated steel or ferrous metal food or beverage containers.
STORAGE
The containment of any municipal waste on a temporary basis in such a manner as not to constitute disposal of such municipal waste. It shall be presumed that the containment of any municipal waste in excess of one year constitutes disposal. This presumption may be overcome only by clear and convincing evidence to the contrary.
TOWNSHIP
Upper Mount Bethel Township, Northampton County, Pennsylvania.
TRANSFER STATION
A facility that receives and processes or temporarily stores municipal or residual waste at a location other than the generation site and which facilitates the transportation or transfer of municipal or residual waste to a processing or disposal facility. The term includes a facility that uses a method or technology to convert part or all of such waste materials for off-site refuse. The term does not include a collection or processing center that is only for source-separated recyclable materials, including clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper and plastic. Nor does the term include the designated location of a container within apartment buildings with three or more units or mobile/manufactured home parks where agents of the lot's owners have deposited municipal waste collected from the development residences for subsequent collection and disposition by a private hauler.
TRANSPORTATION
The removal from any site or location of any municipal waste or recyclable materials at any time after generation thereof.
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 designated hazardous waste from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility.
A. 
It shall be unlawful for any person to store, dump, discard or deposit, or to permit the storage, dumping, discarding or depositing of any municipal waste, recyclables or tires upon the surface of the ground or underground within the Township, except in proper containers for purposes of storage or collection, and except where the waste or recyclables are of such size or shape as not to permit their being placed in such containers. It shall be unlawful for any person to dump or deposit any municipal waste or recyclables in any stream, body of water or on any public right-of-way within the Township.
B. 
Every owner of property or occupant thereof responsible for such property's day-to-day operation or maintenance shall pickup and discard in any appropriate receptacle any municipal waste, recyclables or other debris and place same at the curbside location or on the sidewalk or gutter in front of, or adjacent to, their property. All owners or operators of commercial, institutional and municipal establishments in the Township shall take all reasonable precautions to prevent the deposit and accumulation of debris on their premises. Such owner or operator may place appropriate waste containers on the sidewalks in front of or adjacent to their premises at a point that will not create a hazard to traffic or pedestrians. Any such receptacles so placed shall be emptied on a regular basis and maintained in a neat and clean appearance.
C. 
Nothing contained herein shall prohibit a commercial, institutional and municipal establishments from assembling municipal waste or recyclables at a central, accessible location, provided such activities are conducted and confined within the boundaries of that real estate development or subdivision, as defined herein, lawfully recorded and recognized as such in accordance with § 277-1A.
D. 
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, provided such activities be conducted in accordance with all applicable laws, rules and regulations.
E. 
Bulk containers shall not be permitted to overflow or to have waste strewn or left about them on the ground. A violation of this provision shall be deemed a violation of this chapter by the person on whose property the bulk container is located, if it is located on private property.
F. 
No waste or recyclables shall be allowed to either accumulate on the ground or be disposed of on highways, Township roads, vacant lots or other property, nor be thrown in any stream or other body of water.
G. 
From time to time, the Township Supervisors may, by resolution, enumerate alternative and/or additional recyclables which will be required to be separated from municipal waste and collected in accordance with this chapter, provided a sixty-day notification is given to private haulers and residents.
No person shall ignite, cause, feed, permit or maintain any open fire for the destruction of solid waste or recyclables designated in this chapter on any property under his control, except as provided in Chapter 100, Burning, Open, of the Code of the Township of Upper Mount Bethel.
Recyclables shall be kept separate from municipal waste for the purpose of recycling to the extent required by the following provisions:
A. 
Owners and occupants of all residential properties shall keep separate the following designated recyclables: clear glass containers, brown glass containers, green glass containers, aluminum cans, tin cans, plastics No. 1 and plastics No. 2, newspapers, corrugated paper and magazines.
B. 
Owners and occupants of all commercial, municipal and institutional establishments and properties and organizers of community activities shall keep separate the following recyclables: clear glass containers, brown glass containers, green glass containers, aluminum cans, tin cans, plastics No. 1 and plastics No. 2, corrugated paper, newspapers, magazines and high-grade office paper. Owner and occupants of commercial, municipal and institutional establishments may seek an exemption to the requirements of this chapter [as specified under Act 101, Section (c)(1)(iii)][1] if the owners and occupants have otherwise provided for recycling of the materials they are required by this chapter to recycle. To be eligible for an exemption a commercial, municipal or institutional solid waste generator must annually provide written documentation to the Township of the total number of tons recycled.
[1]
Editor's Note: See 53 P.S. § 4000.1501(c)(1)(iii).
C. 
Additionally, the Township may subsequently enumerate alternative and/or additional recyclables that will be required to be separated from municipal waste and collected in accordance with this chapter, provided a sixty-day notification is provided to private haulers and residents.
D. 
Recyclables shall be placed for collection following the single stream, also known as "fully commingled," recycling process which refers to a system in which all paper fibers and containers are mixed together in a collection truck, instead of being sorted into separate commodities (newspaper, cardboard, plastic, glass, etc.).
E. 
Recyclables may be set out for collection in a manner different from the requirements in this § 277-6 (above) if the authorized private hauler that is approved by the Township designates an alternative manner.
F. 
Municipal waste may be set out for collection in a manner different from the requirements in this § 277-6 (above) if the authorized private hauler that is approved by the Township designates an alternative manner.
For residential properties other than multifamily dwellings, all recyclables which are required to be kept separate from municipal waste in residential properties shall be placed at curbside or some appropriate location on the premises to be collected at times designated by the Township. The frequency of such collection shall be not less than every two weeks as per the municipal waste and recycling contract.
A. 
For multifamily dwellings, all recyclables which are required to be kept separate from municipal waste in residential properties shall be picked up by a private hauler separately from municipal waste in a prearranged manner for the exclusive purpose of recycling.
B. 
The owner, landlord or agent or, when appropriate, the board of directors of every multifamily dwelling shall require, by a clause in the lease or other enforceable rule or regulation, that the tenants in such property comply with the requirements of this chapter governing separation and/or placement for removal of recyclables in multifamily dwellings. Every such landlord shall set up a convenient and practical collection system in such properties for the collection, storage and placement for removal of recyclables generated by the residents of such properties.
C. 
The collection system must include suitable containers for collection and sorting materials, easily accessible locations for the containers and written instructions to the occupants concerning the use and availability of the collection system.
D. 
Opt-in procedures. The owner of an apartment with three or more units or the association or other entity operating a condominium, municipal complex or similar type development may apply to the municipality to be eligible for the services provided by contractor to the municipalities residential units. The application will be evaluated by the municipality based upon criteria set forth in the municipal regulations, which in part shall establish weekly municipal waste and recyclable waste limits for each applicant.
All recyclables which are required to be kept separate from municipal waste in commercial, municipal and institutional establishments and properties, and community activities either shall be delivered directly to a recycling center or shall be picked up by an authorized private hauler separately from municipal waste in a prearranged manner for the exclusive purpose of recycling. Commercial, municipal and institutional establishments and community activities shall not place recyclables within or near the public right-of-way for curbside collection, such curbside collection being intended solely for the placement of recyclables generated in residential properties other than multifamily housing properties.
A. 
Every commercial, municipal and institutional establishment and community activity sponsor or organizer shall annually complete a form to be designated "Recycling Plan for Commercial, Municipal and Institutional Establishments and Community Activities," to be provided by the Township, on which the establishment or sponsor shall set forth its planned method for removal of recyclables.
(1) 
On the recycling plan, each establishment shall set forth its name, the address of the premises to which the plan pertains, the name and address of the building owner, the name and address of the private hauler who regularly services the establishment, the method of municipal waste disposal utilized by the establishment if no private hauler is used and, in such case, where the waste is disposed of.
(2) 
The recycling plan shall further set forth the name and business address of the employee or other person responsible for arranging disposal or removal of municipal waste and recyclables within the establishment, the method by which recyclables will be removed by the establishment, who will remove the recyclables, and the destination of the recyclables.
(3) 
The operator of the business or other establishment occupying the premises, whether or not such person is the owner of the building, shall be responsible for filing the recycling plan. For community activities, the sponsor or organizer shall be responsible for filing the recycling plan.
(4) 
The recycling plan required hereby must be submitted annually to the Township at its designated office, and shall be acted upon and either approved or disapproved by the Township's designated official within 60 days of proper filing thereof. If no action is taken within 60 days then the plan shall be deemed approved. Any people required by this chapter to complete and submit a recycling plan and obtain approval thereof and who fails to do so shall be guilty of a violation of this chapter.
(5) 
If, during any calendar year, the identity of the commercial, municipal, or institutional establishment or community activity sponsor, the method of removing recyclables, or the identity of the private hauler regularly servicing the property shall change, then the establishment or sponsor shall, at the time of such change(s), submit a revised recycling plan for the balance of the calendar year accurately setting forth the change(s).
B. 
Each commercial, municipal and institutional establishment and community activity sponsor or organizer shall complete a form to be designated "Recycling Report" to be provided by the Township which shall indicate where the property's recyclables were delivered or picked up by whom they were collected. Such report shall provide information on the type and amount of each material recycled.
C. 
The recycling report and all weigh slips obtained from the facility or facilities to which the recyclables are delivered or taken shall be submitted quarterly to the Township. For purposes of submitting such weigh slips and recycling reports quarterly to the Township, the private hauler who removed the recyclables from the property may be the agent for the commercial, municipal and institutional establishment and community activity sponsor or organizer and shall be responsible for completing and submitting such to the Township. Each such quarterly recycling report shall be submitted on or before the last day of the first month of each quarter for the preceding quarter. Quarters shall run on a calendar year basis, thus: January through March; April through June; July through September; and October through December.
A. 
The landlord of every multifamily housing property shall annually complete a form to be designated "Recycling Plan for Multifamily Housing Properties," to be provided by the Township, on which the landlord shall set forth his planned method for removal of recyclables.
(1) 
One such plan shall be completed and submitted for each property. All pertinent information requested on the plan shall be provided prior to submission. Each such recycling plan shall set forth the name, address and phone number of the landlord, the address of the property to which the plan pertains, and the name and address of the private hauler who regularly services the property.
(2) 
The recycling plan shall further set forth the name, business address and phone number of the employee or other person responsible for arranging disposal or removal of municipal waste and recyclables within the property, the method by which recyclables will be removed from the property, who will remove the recyclables, and the destination of the recyclables.
(3) 
The recycling plan required hereby must be submitted quarterly to the Township at its designated office and shall be acted upon and either approved or disapproved by the Township's designated official within 60 days of proper filing thereof. If no action is taken within 60 days then the plan shall be deemed approved. Any people required by this chapter to complete and submit a recycling plan and obtain approval thereof and who fails to do so shall be guilty of a violation of this chapter.
(4) 
If, during any calendar year, the identity of the landlord, the method of disposing of recyclables, or the identity of the private hauler regularly servicing the property shall change, then the landlord of such multifamily housing property shall, at the time of such change(s), submit a revised recycling plan for the balance of the calendar year, accurately setting forth such change(s).
B. 
The landlord of every multifamily housing property shall complete a form to be designated "Recycling Report," to be provided by the Township which shall indicate where the property's recyclables were delivered or by whom collected. Such report shall provide information on the type and amount of each material recycled.
C. 
The recycling report and all weigh slips obtained from the facility or facilities to which the recyclables are delivered or taken shall be submitted quarterly to the Township. For purposes of submitting such weigh slips and recycling reports quarterly to the Township, the private hauler who removed the recyclables from the property may be the agent for the landlord and shall be responsible for completing and submitting such to the Township. Each such quarterly recycling report shall be submitted on or before the last day of the first month of each quarter for the preceding quarter. Quarters shall run on a calendar year basis, thus: January through March; April through June; July through September; and October through December.
All private haulers shall submit to the Township a recycling report and all weight slips obtained from the facility or facilities to which the recyclables were delivered or taken. The said weight slips shall indicate the weight of all recyclables collected from within the Township. Each such quarterly recycling report shall be submitted on or before the last day of the first month of each quarter, for the preceding quarter. Quarters shall run on a calendar year basis, thus: January through March; April through June; July through September; and October through December.
From the time of placement of residentially generated recyclable items for collection in accordance with the terms of this chapter, the items shall be and become the property of the private hauler. It shall be a violation of this chapter for any person unauthorized by the Township to collect or pickup or cause to be collected or picked up any such items. Any and each such collection in violation hereof from one or more locations shall constitute a separate and distinct offense punishable as hereinafter provided.
Any person accumulating or storing municipal waste or recyclables on private or public property within the Township, for any purpose whatsoever, shall place the same or cause the same to be placed in a closed or covered sanitary container in accordance with the following standards:
A. 
Containers used for the storage of municipal waste shall be of plastic or metal construction, equipped with lids and waterproof. All such containers shall be approved by the Township.
B. 
No person except the occupants of the property on which a waste container is placed, a private hauler, the Township Zoning Officer or such other person as the Township may designate as a duly authorized agent or representative shall remove the lids of the container and/or remove the contents thereof.
C. 
All of the recyclables will be placed in the above-mentioned containers. Prior to such placement, all plastic containers shall have the tops removed. All containers shall be rinsed and cleaned prior to placement in the recycling container for curbside pickup.
A. 
Every owner of residential property shall participate in the Township mandatory collection of municipal waste and recycling through the Township's contracted hauler.
B. 
Every owner of commercial or nonresidential property or occupant thereof shall contract with an individual, entity or firm which is an authorized private hauler (consistent with the requirements of this chapter) to have all municipal waste and designated recyclables generated on the premises by any occupants of the premises removed for proper disposition as provided for in this chapter and shall maintain proof of said contract or services for a period of two years. Collection of waste shall be weekly and recyclables on an every other week basis.
C. 
No person other than the Township's contracted hauler shall collect or remove residential municipal waste or designated recyclables included in the Township's contract from any other person's property unless otherwise provided for herein. All nonresidential agreements for collection, transportation and disposition of municipal waste and/or recyclables shall be by private contract between the owner or occupant of the property where the material is generated and the private hauler who is to collect it.
D. 
Nothing herein shall limit the right of the Township to implement public collection of solid waste and/or recyclables either by entering into contracts or by engaging in any collection practice permitted by law.
E. 
Nothing in this chapter shall modify the requirements of this chapter pertaining to separation and collection of recyclables.
F. 
Nothing in this chapter shall prohibit a duly organized and registered property owners association from collecting and assembling municipal waste and/or curbside collected recyclables at a central location accessible location within the confines of its development for ultimate collection as required herein.
A. 
Any person transporting municipal waste within the Township shall prevent or remedy any spillage or leakage/prevention of leakage from vehicles or containers used in the transport of such municipal waste.
B. 
All private haulers shall be required to collect and remove municipal waste in motor-driven vehicles having enclosed, metal, leakproof bodies with metal covers made of such material as to prevent the contents from escaping.
C. 
The transfer of waste from one collection vehicle to another may not take place in the Township, except on private property in those areas of the Township designated for such by the Township, if any. No such transfer may take place on any public right-of-way, and no such transfer operation may block traffic, create litter or in any other manner constitute a nuisance, create a health hazard or violate any other ordinance of the Township or provision of statutory law.
The Township is hereby authorized to collect municipal waste from the Township property, to provide public litter baskets in the Township and to dispose of such waste in either a receptacle of a private hauler or at designated disposal sites.
A. 
It shall be unlawful for any person, except for litter control and/or roadside cleanup personnel, and other persons licensed by the State of Pennsylvania as per the amended 27 Pa.C.S.A § 6204 et seq., to collect, haul or transport municipal waste and recyclables. All such haulers shall comply with the provisions of 27 Pa.C.S.A § 6204 et seq., as well as all federal, state, county and local laws and regulations to collect and to transport waste of any nature or recyclables within or from the Township. Authorization to collect, transport and for proper disposition of municipal waste or recyclables or for whom one is acting as agent (as defined in this chapter) may be given only by the State of Pennsylvania through the issuance of a collector's license.
B. 
Nothing contained herein shall prohibit a commercial, institutional and municipal establishment from assembling municipal waste or recyclables at a central, accessible location, provided such activities are conducted and confined within the boundaries of that real estate development or subdivision, as defined herein, lawfully recorded and recognized as such in accordance with § 277-1.
A. 
Private haulers shall have an affirmative duty to follow and conduct themselves in accordance with their current license or permit and to service each of their customers in accordance with their current license or to service each of their customers in accordance with the requirements of this chapter, any failure of which shall be a violation of this chapter.
B. 
The private hauler shall have placed on the doors or each side of the body of each vehicle the name of the hauler, the telephone number of the hauler's office or headquarters.
C. 
Private haulers shall be responsible for the manner in which their employees perform work pertaining to collection, hauling and disposition of municipal waste and recyclables under the term of this chapter.
D. 
Private haulers shall be responsible for the maintaining vehicles used for collection in the Township in good operating condition to assure that the schedule of collections can be maintained. The vehicles must be kept in a clean and sanitary condition, disinfected at least once a week and a state of good appearance and repair, and shall be painted in a uniform manner with identifying numbers.
E. 
Private haulers shall empty bulk containers (such as dumpsters) which have been provided by them to their customers, when such bulk containers become full.
F. 
Private haulers shall furnish and provide collection and disposition of municipal waste, and recyclables in accordance with the terms of this chapter.
G. 
Private haulers shall have the window sticker issued for each vehicle with the license displayed on the vehicle for which it is issued at the time the License is issued as directed by the amended 27 Pa.C.S.A § 6204 et seq.
H. 
Private haulers contracted for residential municipal waste collection shall offer a variable rate pricing, a base price for specified number of 30 gallon containers of municipal waste. Collection of municipal waste in excess of the base amount shall be priced on specified incremental volumes or per 30 gallon container.
I. 
Private haulers shall pay all costs charged for the use of any disposal facilities, which he utilizes.
J. 
Private haulers contracted by the Township shall work cooperatively to establish ongoing public education programs to encourage understanding and participation in waste collection and recycling. To this end, the contractor shall make available to the municipality, free of charge, any promotional material, pamphlets or brochures.
K. 
Any private hauler collecting municipal waste in the Township shall be required to advise the Township in writing within 72 hours after requested as to whether an owner has a current contract for municipal waste collection disposal. Furthermore, all private haulers shall cooperate with the Township in providing information in the event that an action is instituted to enforce the terms and conditions of this chapter.
Any person granted a license by the State of Pennsylvania shall not in any manner be construed as an agent, servant or employee of Upper Mount Bethel Township, but shall, at all times, be considered and remain an independent contractor. Likewise, no property owners association or corporation who assembles municipal waste or recyclables within a development shall be construed as an agent, servant or employee of Upper Mount Bethel Township.
A. 
The Township shall directly bill owners of all residential units included in the Township collection. Fees for collection shall be set by the Board of Supervisors by resolution.
B. 
Any private haulers shall enter into a contract with and establish rates to be charged to each occupant of the commercial, industrial or nonresidential premises from which municipal, waste or recyclables shall be collected.
All private haulers shall be required to collect and remove municipal waste and/or recyclables in motor-driven vehicles having enclosed, metal, leakproof bodies with metal covers or covers made of such material as to prevent the contents from escaping.
Each private hauler shall have a valid agreement, not subject to cancellation, covering the use of an appropriate disposal facility in accordance with the Northampton County Waste Management Plan, or such other law, as may be applicable, which governs the use and maintenance of any such disposal facility.
All private haulers contracted for municipal waste collection shall also provide such customers (multifamily, commercial, municipal and institutional) the service of removing designated recyclables (as defined in this chapter) from their properties at the curbside or an appropriate location on the premises. Any such materials so removed by a private hauler shall be kept separate from municipal waste and shall be taken to a facility for the specific purpose of recycling. Failure to provide said services shall be a violation of this chapter.
A. 
No grant of vested right. The issuance of a collector's license by the Commonwealth of Pennsylvania or the grant by the Township to a collector or hauler to accept, collect, transport or dispose of municipal waste or recyclables within the Township shall not grant any vested rights to any collector or a continued right to haul or collect municipal waste, or recyclables in the Township.
B. 
The Township reserves the right to contract for municipal waste, and recycling collection services or to initiate the public collection of municipal waste, and recyclables.
No private hauler shall accept, pickup, remove, transport or dispose of any box bag or other container of municipal waste which the private hauler knows, or has reason to believe, contains recyclables, combined with municipal waste placed at curbside or otherwise placed for pickup, the private hauler shall affix a tag or sticker to the container containing the recyclables, retain a copy for his records and deliver a copy to the Township within 48 hours. The tag or sticker shall contain the address at which the container is located the nature of the suspected violation or the reason which led him to believe that recyclable materials were in the municipal waste container (e.g., visual observation or heard bottles and cans rattling). Once the sticker or tag is affixed to the container it is to be left at the location where it was originally placed.
In the event any private hauler misses a pickup, the private hauler shall collect from the missed location within 24 hours of notification from the missed resident, provided the resident has abided by the terms of their contract with the private hauler.
Nothing contained herein shall impair or prohibit any recognized civic, fraternal, charitable or benevolent organization, association or society from undertaking or sponsoring voluntary programs or projects involving the collection of recyclables from the public. Any such collection activity can only occur prior to the recyclable materials being placed at curbside or similar location for collection by a private hauler. Prior to initiating such activity, the organization shall obtain authorization from the Township.
A. 
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. For purposes of this section, the doing of an act or thing prohibited by any provision of this chapter or the failure to do any act or thing or to which any provision of this chapter creates an affirmative duty shall constitute a violation of this chapter, punishable as herein stated.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Private haulers who shall violate any provision of this chapter may be reported to the State of Pennsylvania Department of Environmental Protection, by the Township, and may be subject to revocation of State authorization to transport municipal waste, as described in the amended 27 Pa.C.S.A § 6204 et seq.
C. 
Upper Mount Bethel Township shall designate a person or entity as enforcement officer responsible for monitoring and enforcement of this chapter.
D. 
In addition to any other rights and remedies that the Township may have for a violation of this chapter, the Township may also institute any appropriate action or proceeding to enjoin, prevent, restrain, correct or abate the illegal placement for acceptance, pickup, removal, transport and/or disposal of municipal waste or recyclables or to prevent any act, or failure to act, conduct, operation, business or use constituting a violation of this chapter.
E. 
All rights and remedies in this chapter shall be deemed cumulative and not exclusive and may be exercised in any number and/or in any fashion or sequence.
The various headings used throughout this chapter are intended only as an aid in its organization, in order to facilitate ease of reading, and are not to be considered a substantive part of this chapter. In this chapter, unless the context clearly indicates otherwise, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and neuter.
The provisions of this chapter are severable and if any section, clause, sentence, 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 any of the remaining sections, clauses, sentences, parts or provisions of this chapter. It is hereby declared to be the intent of the Board that this chapter would have been adopted if such illegal, invalid, or unconstitutional section, clause, sentence, part or provision had not been included herein.
All other ordinances or resolutions or any parts thereof which may conflict with or are inconsistent with this chapter are hereby repealed.
The Township Board of Supervisors and/or its servants, agents, officers, officials, boards, committees, employees or representatives shall not, under any circumstances, be liable or responsible for damages (whether property, injury or death) caused to or suffered by any person or entity by reason of the provisions of this chapter or by reason of the conduct of the placement for pickup, removal, transport and/or disposal of municipal waste or recyclables in compliance (or noncompliance) with the terms, conditions and provisions of this chapter. Moreover, compliance with this chapter shall not constitute a representation, guarantee or consent of any kind by the Township (and/or any of its servants, agents, officers, officials, boards, committee, employees or representatives) of the practicality, safety or fitness of any particular purpose of any kind regarding the placement for pickup, removal, transport and/or disposal of municipal waste or recyclables of any type.