[Adopted 6-11-1985 by Ord. No. 85-1]
This article shall be known as the "Weisenberg Township Municipal
Solid Waste Ordinance."
The following words and phrases when used in this article shall
have, unless the context clearly indicates otherwise, the meanings
given to them in this section:
A person desirous of being authorized as a "collector."
A person authorized by Weisenberg Township to collect, transport,
and dispose of municipal waste.
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office building,
restaurants, shopping centers and theaters.
The incineration, deposition, injection, dumping, spilling,
leaking, or placing of municipal waste into or on the land or water
in a manner that the waste or a constituent of the waste enters the
environment, is emitted into the air or is discharged to the waters
of the Commonwealth of Pennsylvania.
Any site, facility, location, area, or premises to be used
for the disposal of municipal wastes.
All animal and vegetable wastes attending or resulting from
the handling, dealing, storage, preparation, cooking and consumption
of foods.
As defined in the Pennsylvania Solid Waste Management Act,
35 P.S. § 6018.103.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any establishment engaged in service to persons including,
but not limited to, hospitals, nursing homes, orphanages, schools
and universities.
The entire process, or any part thereof, of storage, collection,
transportation, processing, treatment, and disposal of municipal wastes
by any person engaging in such process.
As defined in the Pennsylvania Solid Waste Management Act,
35 P.S. § 6018.103.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution and agency, or any other legal entity whatsoever
which is recognized by law as being subject to such rights and duties.
As defined in the Pennsylvania Solid Waste Management Act,
35 P.S. § 6018.103.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The collective term applying to all garbage, rubbish, ashes,
leaves, and grass trimmings from residential, municipal, commercial
or institutional premises.
At least three or more times per month.
As defined in the Pennsylvania Solid Waste Management Act,
35 P.S. § 6018.103.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
As defined in the Pennsylvania Solid Waste Management Act,
35 P.S. § 6018.103.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Weisenberg Township, Lehigh County, PA.
The off-site removal of any municipal waste generated or
present at any time from Weisenberg Township.
A.
General. It shall be the duty of every owner of property and every
person occupying any dwelling unit, premises or place of business
within the Township where municipal waste is produced and is accumulated,
by his own expense and cost, to provide and keep at all times a sufficient
number of containers to hold all municipal wastes which may accumulate
during the intervals between collection of such municipal waste by
an authorized collector.
B.
Storage on residential properties.
(1)
Containers. All municipal waste accumulated by owners of each property
and/or the occupants of residential properties shall be placed in
containers for collection by an authorized collector. The containers
shall be durable, watertight, and made of metal or plastic. The size
of each such container shall not exceed a 30 gallon capacity.
(2)
Location of containers. Each municipal waste container shall be located
so as to be accessible to the collector at ground level and at a point
on the curbline of the street, or within no less than 10 feet of the
public street or alley right-of-way from which collection from a vehicle
can be made. Failure to place containers at such locations may result
in discontinuance of service.
C.
Storage on commercial, institutional and industrial properties.
(1)
Containers. Storage of municipal waste on commercial, institutional
and industrial properties shall be done in the same type of containers
as are required for residential properties except where the accumulation
for each commercial, institutional or industrial property precludes
their use, in which case such owner or occupant shall make special
arrangements with the authorized collector for the storing of such
additional quantities. Such special arrangements shall include the
following:
(a)
The type of special bulk container to be furnished by the collector
and as may be approved by the Township.
(b)
The number of such containers as shall be agreed to between
the collector and such owner or occupant of the commercial, institutional
or industrial property to be used in any collection period.
(2)
Location of containers. Containers for collection at commercial,
institutional and industrial properties shall be located on such premises
at a place agreed upon by such owner or occupant of the commercial,
institutional and industrial property and the authorized collector
and shall not be unsatisfactory to the Township. Such locations shall
not interfere with public or private sidewalks, walkways, driveways,
roads, streets, highways or entrances and exists of public or private
buildings.[1]
Any person transporting solid waste within the Township shall
prevent or remedy any spillage from vehicles or containers used in
the transport of such solid waste.
A.
All municipal waste produced, collected, and transported from within
the jurisdictional limits of the Township shall be, to the extent
permitted by law, disposed of at disposal facilities designated by
the Township and in accordance with any currently effective solid
waste management plan of the Township. In the absence of such designated
facilities and/or such currently effective solid waste management
plan of the Township, the Township reserves the right to designate
a state-permitted facility of its choice or require that disposal
be at a state permitted facility of the authorized collector's choice.
B.
If the Township designates the disposal facilities as provided for
above, all authorized collectors and other interested person shall
be informed by the Township of the location and other information
pertaining to the designated disposal facilities to be used for the
disposal of municipal waste collected, transported, removed and disposed
of from within the Township.
A.
Nothing contained herein shall be deemed to prohibit any person not
regularly engaged in the business of collecting municipal waste from
hauling his own municipal waste on an irregular and unscheduled basis
to a state permitted disposal facility.
B.
Nothing contained herein shall prohibit a farmer from carrying out
the normal activities of this farming operation, including composting
and spreading of manure or other farm produced agricultural wastes.
C.
The provisions of this article do not apply to anything but the storage,
collection, transportation and disposal of municipal waste and do
not apply, therefore, to hazardous or residual wastes as defined by
the Pennsylvania Solid Waste Management Act.[1]
[1]
Editor's Note: See 35 P.S. § 3018.101 et seq.
A.
Any person who violates or permits a violation of this article shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Township in the enforcement of this
article. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense. Further, the appropriate officers or agents of the
Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
In addition to the foregoing penalty, the Township may require the
owner or occupant of a property to remove any accumulation of solid
waste and, should said person fail to remove such solid waste after
10 days following written notice, the Township may cause the solid
waste to be collected and disposed of with the costs for such actions
to be charged to the owner or occupant of the property in a manner
provided by law.
A.
Should any section, paragraph, sentence, clause or phrase of this
article be declared unconstitutional or invalid for any reason, the
remainder of this article shall not be affected thereby.
B.
This article shall be subject to all applicable federal, state and
local laws, ordinances, rules and regulations including the rules
and regulations as set forth by the Department of Environmental Protection,
Commonwealth of Pennsylvania.
C.
This article or any part thereof may be amended from time to time
in accordance with the procedures established by law.
D.
This article shall become effective on the 11th day of June 1985.
