[Adopted 2-27-1989 as Ord. No. 238]
This article shall be known as the "Lower Makefield
Township Solid Waste Management Ordinance" and is intended as enabling
legislation for the Township to proceed with regulating the collection,
storage, transportation, removal and deposit of municipal solid wastes
within the Township.
The following words and phrases when used in
this article shall have, unless the context indicates otherwise, the
meaning described in this section:
Large household objects unsuitable for collection as part
of regularly scheduled solid waste collection.
The residence-to-residence and commercial establishment-to-commercial
establishment pickup of municipal waste from storage and curbside
and removal to a local transfer facility, if any.
A person or agent authorized by the Township to collect,
transport and dispose of municipal wastes.
Any establishment permitted under the Township's zoning code[1] definitions of Neighborhood Shopping (C-1), Highway Services
(C-2), General Business/Industrial (C-3), Historic Commercial (H-C),
Office/Research (OR) or a legal nonconforming use.
Any license, franchise or other contractual relationship
entered into by the Township with one or more collectors for the collection,
transportation and disposal of municipal solid wastes.
The incineration, deposition, spilling, leaking or placing
of municipal waste into or on the land or water in a manner that the
waste, or a part of the waste, enters the environment, is emitted
into the air or is discharged into the waters of the Commonwealth
of Pennsylvania.
Any properly designated site, facility, location, area or
premises to be used for the authorized disposal of municipal wastes
that is approved by all governmental authorities having jurisdiction
of the licensing of such sites.
All animal and vegetable wastes attending or resulting from
the handling, dealing, storing, preparation, cooking and consumption
of foods.
Any garbage, refuse, waste or other materials, including
solid waste, resulting from the operation of residential, municipal,
commercial or institutional establishments and from community activities
(Pennsylvania Solid Waste Management Act, Act 97, Section 103[2]).
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution or agency or any other legal entity whatsoever
which is recognized by law as being subject to such rights and duties.
Any technology used for the purpose of reducing the volume
or bulk of municipal waste or any technology used to convert any or
all of such municipal waste for off-site reuse. Processing facilities
include, but are not limited to transfer facilities, incinerators,
recycling facilities and resource recovery facilities.
The person legally required to fulfill the obligations specified
in this article and supporting regulations, including but not limited
to the owner, operator or lease holder of a residential, commercial
or industrial property in the Township.
The supporting Township regulations which specify the full
implementation of this article.
The containment of any municipal waste on a temporary basis
in such a manner as to not constitute disposal of such waste.
The off-site removal of any municipal waste generated or
present at any time from the Township.
A.
The Township is authorized to enact comprehensive
rules and regulations for the management of its municipal waste stream,
which rules and regulations may include the following:
(1)
Mandating the universal participation of all property
operators in the Township.
(2)
Defining the responsibilities and obligations of residential
and commercial property owners and/or operators for the on-premise
storage of municipal waste and the support of waste collection services.
(3)
Obtaining commercially available and equitably-priced
services and the awarding and administration of contracts for the
collection, transportation and disposal of municipal waste.
(4)
Specifying the residential and commercial establishment
collection services to be provided and the responsibilities and obligations
of collectors and property owners and/or operators with respect to
those services.
(5)
Designating the methods and/or sites for disposal
of the municipal waste stream.
(6)
Establishing and/or regulating residential and commercial
establishment fees for collection services and the administration
and/or monitoring of billing and collections.
(7)
Ensuring compliance with and support of any and all
Township ordinances and regulations providing for the special handling
of certain recyclable materials.
B.
In order to be effective, any rules and regulations
adopted in furtherance of this article or any amendments thereto must
be approved at a public meeting, which said public meeting shall be
advertised in accordance with the requirements imposed upon the Township
by the Second Class Township Code related to the adoption of Township
ordinances.[1]
[1]
Editor's Note: See 53 P.S. § 66601.
A.
General. It shall be the duty of every residential
and commercial establishment property owner and/or operator utilizing
any dwelling unit, premise or place of business in the Township where
municipal waste is produced and accumulated to provide, at his/her/its
own expense, for the on-premise storage of all municipal wastes which
may accumulate during the intervals between collection of such wastes
by an authorized collector.
B.
Storage on residential properties.
(1)
Containers. All municipal waste, excluding bulk materials,
accumulated by property operators of residential properties shall
be placed in containers for collection. The Township regulations shall
designate the permissible types, sizes and numbers.
(2)
Storage of containers. This article authorizes the
Township to specify regulations for the storage and use of municipal
waste containers between collections so as to minimize the nuisance
to residents, neighbors and passersby.
C.
Storage at commercial establishments.
(1)
Containers. All municipal waste accumulated by commercial
establishment property operators shall be stored in suitable and Township
approved containers. The supply and type of such containers shall
be agreed to by the collector and property operator.
(2)
Storage on commercial properties. Containers for collection
at commercial establishments shall be maintained on such premises
in a place agreed upon by the property operator and collector, which
shall not interfere with public or private sidewalks, walkways, driveways,
roads, streets, highways or entrances and exits of public or private
buildings and which shall conform to Township regulations. Storage
of such containers may be further regulated by the Township so as
to minimize the nuisance to neighboring properties and passersby.
D.
Temporary containers. Appropriate provisions shall
be included in the regulations for the use of temporary containers,
such as dumpsters, for the collection of construction debris and the
like for projects of limited duration.
A.
General. The Township is authorized to enter into
contracts with collectors to provide for regular and scheduled municipal
waste collection services for all residences and commercial establishments
in the Township, sufficient to meet the needs of its constituents.
B.
Residential services.
(1)
Description of collection services. Collection services
shall involve the regular and scheduled pickup of municipal waste
at curbside, private residential storage location or central-site
storage location (for certain multifamily apartment and town home
complexes). Collection hours, schedules, frequency and service qualities
shall be subject to the regulation and approval of the Township.
(2)
Property operator responsibilities. The property operator
shall be responsible for placing all municipal waste (excluding bulk
materials) in designated containers, maintaining the container storage
area in a clean and safe condition and, where curbside collection
service is provided, for carting the containers to/from curbside.
C.
Business establishments.
(1)
Description of collection services. Collectors shall
provide suitable collection services for commercial establishments
depending on the type, quantity and storage location of containers
maintained by individual commercial establishments. The types of collection
services and the hours, schedules, frequency and service qualities
shall be subject to the regulation and approval of the Township.
(2)
Property operator responsibilities. The property operators
shall be responsible for placing all municipal waste in designated
containers, maintaining the container storage area in a clean and
safe condition and, where curbside collection service is provided,
for carting the containers to/from curbside at times closely aligned
with the scheduled pickups.
D.
Recyclables. Collection services shall provide for
the proper handling of recyclable materials, including the regular
pickup of household recyclables and the seasonal requirements for
collection of lawn and garden wastes, as specified in any Township
ordinances or county, state or federal law, and both collectors and
property operators shall comply therewith.
E.
Bulk materials. The Township shall provide for the
periodic pickup of bulk materials from residences in a form and on
a schedule specified in the regulations.
F.
Authorization of collectors. The Township has sole
responsibility for the authorization of collectors to provide collection
services. It shall be unlawful for any person, other than such duly
authorized collectors to collect and/or transport and dispose of municipal
waste as a scheduled service within or from the Township. Such authorization
is an option of the Township and nothing contained in this article
shall mandate such action on the part of the Township.
A.
General. The Township, at its discretion, is authorized
to designate the method and site(s) for municipal waste disposal and
is empowered to enter into and enforce necessary contracts with collectors,
haulers, transfer facilities and/or disposal sites to ensure the legal,
clean and cost-effective processing and disposal of its municipal
waste stream, to monitor and enforce Township regulations relating
thereto and to levy fees and pay for the contracted services.
B.
Transportation equipment and its operation. Collectors
shall use duly licensed and authorized transportation equipment, which
during transport, shall be fully closed to contain the waste without
spillage. The operators are responsible for the immediate remedy of
any spillage.
C.
Recyclables. Contractors providing transportation
and disposal services shall provide for the proper handling of recyclable
materials, including the regular household recyclables and potentially
seasonal lawn and garden waste requirements as specified in any Township
ordinances and regulations and county, state or federal law.
A.
This article and all supporting regulations shall
be administered by the Township Manager or his designee.
B.
Fees and payment for services.
(1)
The Township is empowered to enter into the necessary
contracts authorized herein for the collection, transportation and
disposal of its municipal waste and to guarantee payment for services
rendered. Fees will either be directly billed to the Township and
paid for by usage fees or taxes collected by the Township, and/or
property operators shall be directly billed by contractors, depending
on the nature of the contracts. In any case, the Township is authorized
to monitor billings and payments to ensure universal compliance with
this article.
(2)
Fees are to be levied to residents and business establishments
based on usage, to the extent practical.
A.
Nothing herein shall be deemed to prohibit any person
not regularly engaged in the business of collecting municipal waste
from hauling one's own municipal waste on an irregular and unscheduled
basis to an authorized disposal facility.
B.
Nothing contained herein shall prohibit a farmer from
carrying out the normal activities of the 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
wastes and do not apply thereto, to solid wastes or hazardous or residual
wastes as defined by the Pennsylvania Solid Waste Management Act (Act
97).[1] These wastes are the responsibility of the responsible
property operator and are to be disposed of in accordance with all
applicable laws.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq.
D.
Disposal of deceased animals shall be in accordance
with Bucks County/Lower Makefield Township Board of Health Regulations
and are to be excluded from the municipal waste stream.
E.
The disposal of household toxic materials, both liquid
and solid, shall be accomplished in accordance with regulations promulgated
by the Pennsylvania Department of Environmental Protection and the
United States Environmental Protection Agency.
A.
The Township is authorized and directed to enforce
this article.
B.
Any action by any person which violates or does not
comply with any provision of this article or any regulation thereof
shall be subject to a fine not to exceed $1,000, plus costs of prosecution,
including reasonable attorney's fees. If the defendant neither pays
nor timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure.
[Amended 10-21-1996 by Ord. No. 305]
C.
The Township may also require the owner or occupant
of a property to remove any accumulation of municipal waste, and should
said person fail, following written notice, to remove such municipal
waste within the time frame specified in the regulations, the Township
may cause such waste to be collected and disposed of, with all costs
for such actions the responsibility of the responsible property operator,
as provided by law.
A.
This article shall be subject to all applicable federal,
state, county and local laws, ordinances, rules and regulations including
the rules and regulations as set forth by the Department of Environmental
Protection of the Commonwealth of Pennsylvania.
B.
This article or any part thereof may be amended from
time to time in accordance with the procedures established by law.
