[HISTORY: Adopted by the Board of Supervisors of the Township of Penn Forest as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-1-1992 by Ord. No. 92-1]
The intent of this article is to:
A. 
Promote the general health, welfare and safety of the Township;
B. 
Provide for the orderly disposal of solid waste;
C. 
Provide for the sanitation of the Township by regulating the disposal of solid waste.
D. 
Prevent an undue and unreasonable amount of solid waste from accumulating at a depository by limiting the types of solid waste that may be disposed of at a depository.
[Amended 6-20-2005 by Ord. No. 05-03; 5-5-2014 by Ord. No. 2014-02; 12-2-2024 by Ord. No. 2024-3]
The definitions used in this article are to have the same meaning as described in the Pennsylvania Solid Waste Management Act, 35 P.S. § 6018.101 et seq., as amended, and the statutes, rules and regulations now or hereafter promulgated in accordance with said Act, unless and to the extent defined otherwise in this article.
ADMINISTRATOR
The person or persons authorized by the Township to enforce the provisions of this article, review permit applications, issue permits and collect fees.
ALUMINUM
All food and beverage cans made of the light-in-weight, ductile and malleable metallic substance or element commonly known as aluminum. This description excludes aluminum foil, trays, plates, and miscellaneous aluminum products.
BULKY WASTE
Large items of nonhazardous solid waste, including, but not limited to, appliances, furniture, large auto parts, trees, branches or stumps, and such other similar items which may require special handling due to size, shape or weight and which the Supervisors allow to be disposed of at a depository.
CLEAR GLASS
Consists only of clear food and beverage containers made of glass, of one gallon or less capacity, and comprised of the hard, brittle and transparent or partially transparent substance produced by fusion of silica and silicates or sand containing soda or lime and/or other chemicals and substances usually included in the manufacture of glass.
COLORED GLASS
Consists only of green or brown food and beverage containers made of glass, of one gallon or less capacity, and comprised of the hard, brittle and transparent or partially transparent substance produced by fusion of silica and silicates or sand containing soda or lime and/or other chemicals and substances usually included in the manufacture of glass.
CORRUGATED CARDBOARD
Unbleached, unwaxed Kraft paper that is formed into layers with a fluted medium and manufactured into shipping boxes and regulated products.
DEPOSITORY
A transfer facility established by the Township for the collection of residential waste or light commercial waste.
DESIGNATED RECYCLABLE MATERIALS
Those source separated materials designated for mandatory recycling by the Board of Supervisors of Penn Forest Township. On the effective date of this definition, they are: aluminum, clear glass, colored glass, corrugated cardboard, high-grade office paper, newsprint, plastics and steel cans. Materials may be added to or deleted from this list of designated recyclable materials from time to time by resolution duly adopted by the Board of Supervisors of Penn Forest Township.
DEVELOPMENT
An approved subdivision or land development having more than 50 household units.
HIGH-GRADE OFFICE PAPER
Desktop generated paper limited to white ledger, copy paper, and computer printout (CPO).
HOUSEHOLD UNIT
Any room or group of rooms located within a dwelling or building and forming a single habitable unit with facilities for living, sleeping, cooking or eating, whether or not said room or group of rooms are used or inhabited or produce or create solid waste in the Township.
LEAF WASTE
Leaves, grass clippings, garden residues, shrubbery and tree trimmings, and similar material.
LICENSED COLLECTOR
A solid waste collector or hauler possessing a current, valid license issued by the Department of Environmental Protection.
LIGHT COMMERCIAL WASTE
Nonhazardous solid waste of the same type as residential waste, but not in fact created or produced by a household.
NEWSPRINT
Paper which has been used for the production of daily, weekend and special edition publications commonly known as newspapers.
PERMIT
A permit issued by the administrator enabling the holder to dispose of residential waste or light commercial waste at a depository in accordance with the provisions of this article.
PERSON
Any natural person, association, partnership, firm or corporation. In any provisions of this article prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
PLASTICS
Recyclable plastics are identified on the bottom of the container and consist of two types of containers, namely: #1 PETE (such as soda bottles) and #2 HDPE (such as milk, spring water, and detergent bottles).
PRINCIPAL OWNER(S)
The owner(s) of a greater than 50% interest in a use creating or producing light commercial waste. For example, the owner(s) of more than 50% of the shares of stock of a corporation or similar entity creating or producing light commercial waste or the owners of a greater than 50% interest in a partnership or similar entity creating or producing light commercial waste.
REPLACEMENT PERMIT
A permit issued to replace a previously issued permit prior to the expiration date thereof, when such original permit has been lost, damaged or destroyed.
RESIDENTIAL WASTE
A. 
Nonhazardous solid waste ordinarily and typically created or produced by a household and, in fact, created or produced by a household, including, but not limited to:
(1) 
Rags, paper, glass, bottles, cans, crockery, plastic containers, and other similar small household refuse; and
(2) 
Animal and vegetable wastes, attending or resulting from the handling, dealing, storing, preparation, cooking and consumption of foods.
B. 
Residential waste does not include bulky waste or leaf waste.
SOLID WASTE
Any waste, including but not limited to municipal, residual or hazard wastes, including solid, liquid, semisolid or contained gaseous materials.
SOURCE SEPARATE or SOURCE SEPARATION
The process of separating, or the separation of, designated recyclable materials from other solid waste where generated for the purpose of recycling.
STEEL CANS
The ferrous metal food or beverage containers commonly known as tin cans.
SUPERVISORS
The Board of Supervisors of Penn Forest Township.
TOWNSHIP
Penn Forest Township, Carbon County, Pennsylvania.
A. 
Establishment. The Supervisors shall establish and maintain a depository at such location or locations within the Township as they may from time to time deem desirable.
B. 
Hours of operation. The Supervisors shall have the authority to establish, by resolution duly adopted at any regular or special meeting of the Supervisors, the hours of operation of any depository established pursuant to § 197-6A hereof. The hours of operation shall be posted in a conspicuous manner at all such depositories.
C. 
Employees. The Supervisors shall have the authority to hire and employ such personnel as they may deem necessary to operate the depository, enforce rules and regulations pertaining thereto, and to issue permits required under § 197-10 hereof.
D. 
Rules and regulations. The Supervisors shall have the power to adopt by resolution at any regular or special meeting of the Supervisors such rules and regulations as they may deem necessary and appropriate to assure the orderly disposal of residential or light commercial waste at all depositories, including but not limited to number of containers, types of containers, size of containers, separation of types of residential or light commercial waste, and prohibition of noxious, inflammable, radioactive or poisonous materials. All such rules and regulations shall be conspicuously posted at each depository.
[Amended 6-20-2005 by Ord. No. 05-03; 5-5-2014 by Ord. No. 2014-02]
A. 
Except to:
(1) 
Transport residential or light commercial waste to a depository; or
(2) 
Transport residential waste to a business location in the Township pursuant to an exemption granted under § 197-12C.
B. 
No person shall collect, remove, haul, or transport any solid waste upon or through any street or alley of the Township without first obtaining a license from Department of Environmental Protection.
All licensed collectors and licensed waste haulers shall comply with the minimum standards for collection and transportation of solid waste set forth in 25 Pa. Code, Chapter 285, Chapter B, Regulations for Storage, Collection and Transportation of Municipal Waste.
All solid waste collected within the Township shall be conveyed or transported to a transfer station, processing facility, and/or disposal site designated by Carbon County pursuant to the approved Municipal Waste Management Plan for Carbon County.
A. 
Issuance of permit to dispose of residential waste at a depository. The Administrator shall bill each household unit in the Township the amount of the residential waste permit fee as established by the Supervisors. Upon payment of the permit fee, the household shall receive a permit to dispose of residential waste at a depository. Unless granted an exemption under § 197-12, the permit fee shall be paid by each and every household unit in the Township, whether or not the household unit produces or creates solid waste in the Township.
[Amended 6-20-2005 by Ord. No. 05-03]
B. 
Person responsible to pay permit fee to dispose of residential waste. The owner(s) of the household unit and the person producing or creating the residential waste, if different from the owner(s), shall be jointly and severally responsible to either pay the permit fee or obtain an exemption as provided for in § 197-12.
[Amended 7-6-1993 by Ord. No. 93-1]
C. 
Application procedure to dispose of light commercial waste at a depository. Application for a permit to dispose of light commercial waste at a depository shall be in writing to the Administrator on such form as may be adopted by the Supervisors. Such application shall contain at least the following information:
(1) 
Name and address of applicant;
(2) 
Certification that applicant owns a business in the Township which will produce or create light commercial waste.
(3) 
Certification that applicant will not use the permit to dispose of anything other than light commercial waste;
(4) 
Certification that applicant will abide by all rules and regulations governing use of the depository.
D. 
Permit fee.
(1) 
The permit fees shall be set by resolution duly adopted at any regular or special meeting of the Supervisors;
(2) 
In addition to the permit fees, a fee for bulky waste shall be set by resolution duly adopted at any regular or special meeting of the Supervisors. The Supervisors may by resolution duly adopted at any regular or special meeting of the Supervisors designate certain periods throughout the year as cleanup periods during which time no additional fee will be charged for the disposal of items described in this subsection.
(3) 
In addition to the permit fees, a per-bag fee shall be set by resolution duly adopted at any regular or special meeting of the Supervisors for persons who have either a permit to dispose of residential waste at a depository, or a permit to dispose of light commercial waste at a depository, who wish to dispose of more bags of residential or light commercial waste, as applicable, than are allowed by their permit.
[Amended 7-6-1993 by Ord. No. 93-1; 4-6-2015 by Ord. No. 2015-2]
E. 
Replacement permits. The Administrator shall issue replacement permits, for good cause, in accordance with the procedure and fees set by resolution duly adopted at any regular or special meeting of the Supervisors.
[Amended 4-6-2015 by Ord. No. 2015-2]
F. 
Display of permits. Unless provided otherwise by resolution of the Supervisors, the permit shall be handed to the attendant at the depository prior to disposing of any residential or light commercial waste at the depository.
[Amended 6-20-2005 by Ord. No. 05-03]
G. 
Form of permits. The Supervisors shall have the authority to select, designate and design the form of the permit. The Township may change the color, size or form of the permit from year to year.
A. 
Prohibited activities.
No person shall:
(1) 
Dispose of residential waste other than at a depository (unless exempt under § 197-12);
[Amended 7-6-1993 by Ord. No. 93-1]
(2) 
Dispose of solid waste at any depository in violation of posted rules and regulations;
(3) 
Dispose of solid waste in, at or near any depository at any time when said depository is not open;
(4) 
Dispose of solid waste in any depository without displaying a current permit in the manner required hereunder;
(5) 
Use a depository for the disposal of other than light commercial or residential waste;
(6) 
Deposit or permit to accumulate solid waste on highways, vacant lots or other property or to be thrown in any stream or other body of water;
(7) 
Dispose in a depository solid waste generated from sources outside of the boundaries of Penn Forest;
(8) 
Except for transporting light commercial or residential waste to a depository, or transporting residential waste to a business location in the Township pursuant to an exemption granted under § 197-12C, it shall be unlawful for any person to collect, haul, transport or remove any solid waste from public or private property within the Township without a current, valid license issued by the Department of Environmental Protection.
[Amended 6-20-2005 by Ord. No. 05-03; 5-5-2014 by Ord. No. 2014-02]
B. 
Violations and penalties. A violation of this article shall be deemed to be a summary offense and any person convicted of the violation of any of the provisions of this article shall be sentenced to pay a fine of not more than $1,000 and costs, and in default thereof, shall be sentenced to imprisonment in the Carbon County Prison for a period of time 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. The penalties and remedies prescribed by this article shall be deemed concurrent, and the existence or exercise of any remedy shall not prevent the Township from exercising any other remedy hereunder, at law or in equity, including but not limited to bringing a civil action for nonpayment of the permit fee.
[Amended 6-20-2005 by Ord. No. 05-03; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Public nuisance. Any violation of any provision of this article, any rule or regulation of the Township, or any term or condition of any permit, shall constitute a public nuisance. Any person or municipality committing such a violation shall be liable for the costs of abatement of any pollution and any public nuisance caused by such violation.
D. 
Permit revocation. After any permit has been issued by the Administrator and it shall thereafter appear that the terms and conditions of the permit have been violated, or that any of the statements set forth in the application are false or incorrect, or incomplete in a material respect, the Township shall, after notice and an opportunity for a hearing, have the power to revoke said permit.
A. 
Exemption for developments. If a development, through its homeowners' association or other similar entity, contracts with a licensed collector to collect and dispose of all residential waste produced or accumulated within the development, upon approval by the Supervisors under § 197-12B, the household units in such a development do not have to dispose of the residential waste produced or accumulated on their property at a depository.
[Amended 7-6-1993 by Ord. No. 93-1]
(1) 
Nature of exemption. If a development, through its homeowners' association or other similar entity, contracts with a licensed collector to collect and dispose of all residential waste produced or accumulated within the development, upon approval by the Supervisors under § 197-12A(2) below, the household units in such a development do not have to dispose of the residential waste produced or accumulated on their property at a depository.
(2) 
Application for exemption by a development. If a development desires an exemption under this section, it must deliver to the Administrator, on or before March 1 of the first year in which an exemption is requested, a written request for such exemption, (executed by the homeowners' association or other similar entity), a copy of the contract with the licensed collector, a copy of the licensed collector's license issued by Department of Environmental Protection, and a list of all household units whose residential waste will be collected and disposed of by the licensed collector. The Supervisors shall act on said request for exemption within 60 days after it is delivered to the Administrator and notify the entity executing the written request of its action within a reasonable time thereafter.
[Amended by 5-5-2014 by Ord. No. 2014-02]
(3) 
Termination of exemption. If a development requests and is granted an exemption under this section, and the development subsequently decides to dispose of the residential waste produced or accumulated within the development at a depository or fails to obtain an exemption for any year, it shall so notify the Supervisors in writing that it desires to terminate its exemption. It shall be within the Supervisors' discretion to determine when the household units in said development may begin disposing of their residential waste at a depository.
(4) 
Effect of exemption of development upon household units within development. If a development requests and is granted an exemption under § 197-12A(1) above, the individual household units within the development shall not be required to obtain a permit and shall not be billed a permit fee. However, if such a household unit does desire to purchase a permit to dispose of its residential waste at a depository, it shall make application for a permit to the Administrator. It shall be in the Administrator's discretion whether to issue a permit to such a household unit.
B. 
Exemption of individual household unit.
[Amended 7-6-1993 by Ord. No. 93-1]
(1) 
Nature of exemption. If any household unit contracts with a licensed collector to collect and dispose of all residential waste produced or accumulated at or by that household unit, that household unit does not have to dispose of its residential waste at a depository.
(2) 
Application for exemption by a household unit. In order to obtain the exemption under this section, each year the household unit shall return the bill (see § 197-10A) to the Administrator with the following:
(a) 
Name and address of applicant;
(b) 
Tax parcel number and address of household unit for which exemption is requested;
(c) 
Agreement or letter signed by a licensed contractor that it will collect and dispose of all residential waste produced or accumulated at the household unit for the entire garbage collection year in accordance with the terms of this article;
(d) 
Proof that the licensed collector has been paid in full to provide the services described in Subsection B(2)(c) above for the entire garbage collection year; and
(e) 
Such other documentation or information as may be deemed necessary by the Administrator to be sure that the residential waste produced or accumulated at or by the household unit will be collected and disposed of in accordance with the terms of this article.
(3) 
Effect of exemption upon household unit. If a household unit requests and is granted an exemption under this section, the household unit shall not be required to obtain a permit and shall not have to pay the permit fee.
[Amended 6-20-2005 by Ord. No. 05-03]
C. 
Exemption of household unit in conjunction with a business.
[Added 6-20-2005 by Ord. No. 05-03]
(1) 
Nature of exemption. If either the owner(s) of a household unit or the person producing or creating residential waste at a household unit is also the principal owner(s) of a business located in the Township which has contracted with a licensed collector for the collection in the Township of solid waste produced or created by such business and the disposal thereof, and if permitted by the licensed collector, such household unit may transport its residential waste to the business location in the Township for collection and disposal by the licensed collector, and does not have to dispose of its residential waste at a depository.
(2) 
Application for exemption by a household unit in conjunction with a business. In order to obtain the exemption under this section, each year the household unit shall return the bill (see § 197-10A) to the Administrator with the following:
(a) 
Name and address of applicant;
(b) 
Tax parcel number and address of household unit for which exemption is requested;
(c) 
Tax parcel number and address of business location in the Township;
(d) 
Proof that either the owners of the household unit or the person producing or creating the residential waste at the household unit are also the principal owner(s) of the business;
(e) 
Agreement or letter signed by a licensed contractor that it will collect and dispose of all residential waste produced or created at the household unit which is transported to and disposed of at the business location for the entire garbage collection year in accordance with the terms of this article;
(f) 
Proof that the licensed collector has been paid in full to provide the services described in Subsection C(2)(e) above for the entire garbage collection year; and
(g) 
Such other documentation or information as may be deemed necessary by the Administrator to be sure that the residential waste produced or created at or by the household unit will be collected and disposed of in accordance with the terms of this article.
(3) 
Effect of exemption upon household unit in conjunction in a business. If a household unit requests and is granted an exemption under this section, the household unit shall not be required to obtain a permit and shall not have to pay the permit fee.
D. 
Termination of exemption. If a development requests and is granted an exemption under this article, and the development subsequently decides to dispose of the residential waste produced or accumulated within the development at a depository or fails in any year to deliver to the Administrator the materials listed in § 197-12B, it shall so notify the Supervisors in writing that it desires to terminate its exemption. It shall be within the Supervisors' discretion to determine when the household units in said development may begin disposing of their residential waste at a depository.
E. 
Effect of exemption of development upon household units within development. If a development requests and is granted an exemption under § 197-12A, the individual household units within the development shall not be required to obtain a permit and shall not be billed a permit fee. However, if such a household unit does desire to purchase a permit to dispose of its residential waste at a depository it shall make application for a permit to the Administrator. It shall be in the Administrator's discretion whether to issue a permit to such a household unit.
A. 
Repeal. All ordinances or resolutions insofar as they are inconsistent herewith be and the same are hereby repealed.
B. 
Severability. The provisions of this article are severable and if any provisions or part thereof shall be held invalid or unconstitutional or inapplicable to any person or circumstances such invalidity, unconstitutionality or inapplicability shall not affect or impair the remaining provisions of this article. It is hereby declared as the intent of the Board of the Township that this article shall have been adopted had such unconstitutional, illegal or invalid sentences, clause, section or part thereof not been included therein.
[Amended 6-20-2005 by Ord. No. 05-03]
C. 
Effective date. This article shall become effective five days after its enactment by the Board of Supervisors of Penn Forest Township.
[Added 5-5-2014 by Ord. No. 2014-02]
Notwithstanding anything to the contrary in this article, it shall be mandatory for all persons disposing of residential waste or light commercial waste at a depository to source separate and dispose of any designated recyclable materials by depositing them in the appropriate receptacle at the depository. Upon and after the effective date of this section, it shall be unlawful for any person to dispose of any designated recyclable materials at a depository other than in the appropriate receptacle at the depository.
[Added 5-5-2014 by Ord. No. 2014-02]
From the time of placement of designated recyclable materials at a depository, the designated recyclable materials shall become the property of the Township or its authorized agent or contractor. It shall be a violation of this article for any person unauthorized by the Township to collect, pick up or cause to be collected or picked up any such items. Any and each collection in violation hereof from a depository shall constitute a separate and distinct offense punishable as hereinafter provided.