[Amended 8-7-1991 by Ord. No. 91-3; 5-20-1998 by Ord. No. 98-17]
This chapter shall be known and cited as the "Lower Saucon Township Municipal Solid Waste Ordinance," as amended by the Recycling Ordinance for the Township of Lower Saucon.
[HISTORY: Adopted by the Township Council of the Township of Lower Saucon 3-19-1986 by Ord. No. 86-2. Amendments noted where applicable.]
[Added 8-7-1991 by Ord. No. 91-3]
The Council of the Township of Lower Saucon has determined that the health and welfare of the citizens of the Township of Lower Saucon requires the licensing of contractors engaged in the collection of refuse in the Township and requires the establishment of mandatory recycling collections by said contractors and enacts this chapter to accomplish said objective. Nothing contained herein shall prohibit or preclude licensed contractors from collecting additional recyclables other than those contained herein in accordance with the Recycling and Waste Reduction Act[1] and the additional ordinances and regulations of the Township of Lower Saucon.
The following words and phrases, when used in this chapter, 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 to collect, transport and dispose of municipal waste from Lower Saucon Township.
Any establishment engaged in a nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters.
The incineration, deposition, injection, dumping, spilling, leaking or placing of municipal waste into or on the land or water in a manner that the waste or a constituent of the waste enters the environment, is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania.
Any site, facility, location, area or premises to be used for the disposal of municipal waste.
All animal and vegetable wastes attending or resulting from the handling, dealing, storing, preparation, cooking and consumption of foods.
Any establishment engaged in manufacturing or processing, including but not limited to factories, foundries, mills, processing plants, refineries and the like.
Any establishment engaged in service to persons, including but not limited to hospitals, nursing homes, orphanages, schools and universities.
The entire process or any part thereof of storage, collection, transportation, processing, treatment and disposal of municipal waste by any person engaging in such process.
Any garbage, refuse, industrial lunchroom or office waste and other material including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities, and any sludge not meeting the definition of residual or hazardous waste from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air-pollution control facility. (Pennsylvania Solid Waste Management Act 97, Section 103[1]).
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution and agency or any other legal entity whatsoever which is recognized by law as being subject to the rights and duties of a person.
Any technology used for the purpose of reducing the volume or bulk of municipal waste, or any technology used to convert part of all of such waste materials for off-site reuse. Processing facilities include but are not limited to transfer facilities, composting facilities, incinerators, recycling facilities and resource recovery facilities.
Clear glass, colored glass, aluminum, steel and bimetallic cans and plastics.
[Added 8-7-1991 by Ord. No. 91-3]
The standardized containers issued or approved by resolution of the Council of the Township of Lower Saucon pursuant to the provisions of this chapter for the purpose of collecting, storing and placing recyclables, as herein below defined, at the curbside for collection by a licensed collector.
[Added 8-7-1991 by Ord. No. 91-3]
The collective term applying to all garbage, rubbish, ashes, leaves and grass trimmings from residential, municipal, commercial or institutional premises.
At least three or more times per month.
Any waste, including but not limited to municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials. (Pennsylvania Solid Waste Management Act 97, Section 103[2]).
The containment of any municipal waste on a temporary basis in such a manner as not to constitute disposal of such waste, and it shall be presumed that the containment of any municipal waste in excess of one year constitutes disposal.
Lower Saucon Township, Northampton County, Pennsylvania.
The off-site removal of any municipal waste generated or present at any time from the Township of Lower Saucon.
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 of Lower Saucon 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 waste which may accumulate during the intervals between collection of such municipal waste by an authorized collector.
B.
Recycling. It shall be the duty of every owner of property and every person occupying any dwelling unit, premise or place of business within the Township of Lower Saucon wherein recyclables are produced and accumulated to comply with all rules and regulations agreed to between the resident and the licensed collector regarding the preparation of recyclables by the resident, owner or occupier. In an effort to facilitate and promote recycling, the following shall govern the collection, disposal, transportation and storage of recyclables:
[Added 8-7-1991 by Ord. No. 91-3]
(1)
Each resident shall contract with a licensed collector of their choice. Rates for contract services shall be determined between the collector and the resident and shall not be set by the Township.
(2)
Hours of collection shall be established by the licensed contractor. All collection services, however, shall be performed in a way so as not to disturb any neighbors at the time of collection.
(3)
All collection of recyclables must occur on at least a biweekly basis but may occur more frequently.
(4)
The collector shall collect recyclables placed on the curbside by any of the collector's customers on the same day as the collector's refuse collection.
(5)
The collector shall be responsible for the sorting and/or marketing of all recyclables collected.
(6)
The collector shall be responsible for conveying to all customers and any new customer the policy and requirements of this chapter concerning recycling and any additional information that the Township may reasonably require. The manner of conveying the information to the customer shall be left to the discretion of the collector, provided that if the Township is advised that information is not being disseminated to the customer, the Township may require additional notices at the sole expense of the collector.
(7)
Every person of the Township shall recycle all recyclables. Persons shall have a duty to place all recyclables in a recycling container, which shall be supplied to every person by the Township. Recyclables shall be collected by the licensed collector which the person chooses to contract with in accordance with the collector's schedule, but not less frequently than once every two weeks. Rural Township residents not having a collector shall be responsible for recycling but can make alternate arrangements to be approved by the Township for the disposal of their recyclables.
(8)
All recycling containers shall remain the property of the Township. Whenever a person moves out of the Township, recycling containers shall be turned into the Township at the time said person obtains a moving permit. The Township shall issue the recycling container to the next succeeding person.
(9)
No person other than a licensed refuge collector shall scavenge, remove, take, scatter or disturb recyclables which have been placed at curbside for collection pursuant to this chapter.
(10)
No persons shall damage, take, remove, deface or use for purposes other than approved recycling, storage and collection any recycling container issued or approved by the Township pursuant to this chapter.
A.
Unauthorized collection and transportation. It shall be unlawful for any person, other than such persons as are duly authorized by the Township of Lower Saucon, to collect and transport solid waste of any nature as a regular hauling business within or from the Township of Lower Saucon. Authorization shall be given only as set forth below.
B.
Licensing procedure. Authorization to collect, transport and dispose of municipal waste for persons other than oneself may be given only by the Township of Lower Saucon through the issuance of a license. All applications for licensing shall be approved in accordance with the following:
(1)
Eligible persons. Municipal solid waste collection licenses may be issued to only those persons who can provide satisfactory evidence that they are capable of providing the necessary services and can comply with the provisions and intent of this chapter. The Township of Lower Saucon reserves the right to disapprove any application for license.
(2)
Application procedure. Applicants for a municipal solid waste collection license must furnish the following information:
(a)
The make, model, license plate number and size of each vehicle to be used for collection and transportation;
(b)
The location, address and telephone number of the business office of the applicant;
(c)
A certificate of the applicant's workmen's compensation insurance, as required by law;
(d)
A certificate of insurance coverage providing complete third-party comprehensive, bodily injury and property damage liability insurance, the limits of which shall not be less than $300,000/$500,000 for bodily injury and $100,000 for property damage; and
(e)
Any other information which the Township of Lower Saucon may request and deem necessary prior to the issuance of a license.
(3)
Issuance. Licenses shall be issued on a calendar-year basis, but may be revoked at any time by the Township of Lower Saucon for failure to comply with the provisions of this chapter.
(4)
Fees. Fees for licenses shall be set by the Township of Lower Saucon, and the amount thereof shall be provided to any applicant or other person upon request.
(5)
License and capacity. Each vehicle must prominently display the name and number of the licensee and the cubic-yard capacity of the vehicle's body.
(6)
Recycling. Each hauler licensed and authorized to collect recyclables in accordance with this chapter shall comply with § 135-5B and shall, further, provide to the Township copies of all records and reports required to be kept by Section 704 and Section 1304 of Act 101 of 1988 (53 P.S. § 4000.704 and 53 P.S. § 4000.1304, respectively). In addition to those records, however, each collector must submit to the Township on or before January 15 of each calendar year a report describing the weight and/or volume of recyclables collected by the collector in the preceding calendar year.
[Added 8-7-1991 by Ord. No. 91-3]
C.
Recycling. All collectors authorized to collect and transport solid waste and licensed pursuant to the provisions of this article shall, in accordance with this article, collect, transport and dispose of recyclables.
[Added 8-7-1991 by Ord. No. 91-3]
Any person transporting solid waste within the Township of Lower Saucon shall prevent or remedy any spillage from vehicles or containers used in the transport of such solid waste.
A.
Designated facilities. All municipal waste produced, collected and transported from within the jurisdictional limits of the Township of Lower Saucon shall be, to the extent permitted by law, disposed of at disposal facilities designated by the Township of Lower Saucon and in accordance with any currently effective solid waste management plan of the Township of Lower Saucon. In the absence of such designated facilities and/or such currently effective solid waste management plan, municipal waste from the Township of Lower Saucon must be disposed of at a state-permitted facility.
B.
Notice to collectors. If the Township of Lower Saucon designates the disposal facilities as provided for above, all authorized collectors and other interested persons shall be informed of the location and other information pertaining to designated disposal facilities to be used for the disposal of municipal waste collected, transported, removed and disposed.
A.
Individuals not engaged in collection. Nothing contained herein shall be deemed to prohibit any residential property occupant not regularly engaged in the business of collecting municipal waste from hauling his own municipal waste, on an irregular and unscheduled basis, to a state-permitted disposal facility.
B.
Farming activities. Nothing contained herein shall prohibit a farmer from carrying out the normal activities of his farming operation, including composting and spreading of manure or other farm-produced agricultural waste.
A.
Violations and penalties. This chapter shall be enforced by action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person who violates or permits the violation of this chapter shall, upon conviction in a summary proceeding, be punishable by a fine of not more than $1,000 or by 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. Each section of this chapter that is violated shall also constitute a separate offense.
[Amended 9-18-1996 by Ord. No. 96-10; 5-20-1998 by Ord. No. 98-17; 3-3-2021 by Ord. No. 2021-01]
B.
Additional remedies. In addition to the foregoing penalty, the Township of Lower Saucon may require the owner or occupant of a property to remove any accumulation of solid waste, and should said person fail to remove such solid waste after 10 days following written notice, the Township of Lower Saucon may cause the solid waste to be collected and disposed of, with the costs for such actions to be charged to the owner or occupant of the property in a manner provided by law.
C.
Abatement. The imposition of the penalties herein prescribed shall not preclude the Township of Lower Saucon from instituting appropriate actions or proceedings to prevent the violation of this chapter, to restrain, correct or abate any such violation or to prevent any act, conduct, business or activity constituting a violation.