[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:
One who performs an act for his immediate family or for another
person as defined in this chapter, with or without compensation.
Empty, all-aluminum beverage and food containers.
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.
Empty food or beverage containers consisting of both steel
and aluminum.
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.
A general term referring to any person who collects, for
removal from premises, municipal waste or recyclables.
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.
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.
The process of the biological decomposition of organic solid
waste being biologically decomposed under controlled anaerobic or
aerobic conditions to yield humus like product.
Waste building materials resulting from construction, remodeling,
repair or demolition operations. Construction debris is considered
recyclable material.
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.
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.
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.
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.
Those recyclable materials specified by Upper Mount Bethel
Township for collection under its mandatory recycling program.
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.
Any site, location, area, building, structure, transfer station
or premises to be used for municipal waste disposal.
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.
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.
Bond, copier, letterhead or mimeograph paper, typically sold
as "white ledger" paper, and computer paper.
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.
The owner of residential property, upon which nonowners reside,
or such owner's authorized agent.
Leaves from trees, bushes and other plants, garden residue,
shrubbery and tree trimmings and similar materials, but not including
grass clippings.
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.
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.
A building containing three or more dwelling units. Multifamily
dwellings will be considered commercial establishments.
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.
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.
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.
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.
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.
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.
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.
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.
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:
Any composting facility.
Methane gas extraction from a municipal waste landfill.
Any separation and collection center, dropoff point or collection
center for recycling, or any source separation or collection center
for comporting leaf waste.
Any facility, including all units in the facility with a total
processing capacity of less than 50 tons per day.
Any person residing or sleeping in a building or having possession
of a space within a building.
Solid waste, exclusive of garbage (e.g., nonrecyclable glass,
metal, paper or plastic), and noncompostable plant material, wood
or nonperishable solid waste.
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.).
Empty food or beverage containers made of steel, tin-coated
steel or ferrous metal food or beverage containers.
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.
Upper Mount Bethel Township, Northampton County, Pennsylvania.
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.
The removal from any site or location of any municipal waste
or recyclable materials at any time after generation thereof.
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.).
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.
The presence of any articles containing a person's name
among municipal waste and recyclables shall create a rebuttable presumption,
for purposes of this chapter, that said municipal waste or recyclables
are, or were, the property of the person whose name is found therein.
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.
The Township reserves the right, by resolution, to direct recyclables
to a designated facility.
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.
No person shall terminate the services of a private hauler because
of such private haulers compliance with requirements set forth in
this chapter.
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.
This chapter shall become effective January 1, 2012.
