Borough of Hellertown, PA
Northampton County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Hellertown as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 278.
Storage containers — See Ch. 372.
Attachment 1 - Appendix A, Specified Recyclable Materials Attachment 2 - Appendix B, Recycling Regulations
[Adopted 3-3-1986 by Ord. No. 540]

§ 367-1 Title.

This article shall be known and cited as the "Hellertown Borough Municipal Solid Waste Ordinance."

§ 367-2 Definitions.

The following words and phrases, when used in this article, shall have the meanings given to them in this section unless the context clearly indicates otherwise. Words used in the present tense include the future, the singular includes the plural, masculine shall include the feminine gender. Use of the term "shall" indicates a mandate and is not directory; "may" implies permissiveness.
APPLICANT
A person desirous of being authorized as a collector.
BOROUGH
The Borough of Hellertown, Northampton County, Commonwealth of Pennsylvania.
COLLECTOR
A person authorized to collect, transport and dispose of municipal waste from the Borough of Hellertown.
COMMERCIAL ESTABLISHMENT
Any enterprise engaged in a nonmanufacturing or nonprocessing business, including, but not limited to, retail stores, markets, office buildings, restaurants, shopping centers and theaters.
DISPOSAL
The incineration, deposition, injection, dumping, spilling, leaking or placing of municipal waste into or onto 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.
DISPOSAL SITE
Any site, facility, location, area or premises to be used for the disposal of municipal waste.
GARBAGE
All animal and vegetable wastes attending or resulting from the handling, dealing, storing, preparing, cooking and consuming of foods.
INDUSTRIAL ESTABLISHMENT
Any enterprise engaged in manufacturing or processing, including, but not limited to, factories, foundries, mills, processing plants, refineries and the like.
INSTITUTIONAL ESTABLISHMENT
Any enterprise engaged in service to persons, including, but not limited to, hospitals, nursing homes, orphanages, schools and universities.
MANAGEMENT
The entire process, or any part thereof, of storage, collection, transportation, processing, treatment and disposal of municipal waste by any person engaging in such processes.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material resulting from the 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, Act 97, § 103.[1])
PERSON
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 the rights and duties of a person.
PROCESSING
Any technology used for the purpose of reducing the volume or bulk of municipal waste or any technology used to convert part or all 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.
REFUSE
The collective term which applies to all garbage, rubbish, ashes, leaves and grass trimmings from residential, municipal, commercial or institutional premises.
REGULAR
Occurring with a frequency of not less than three times within a calendar month.
SOLID WASTE
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, § 103.)
STORAGE
The containment of any municipal waste on a temporary basis in such a manner as not to constitute "disposal" of such waste; it shall be presumed that the containment of any municipal waste in excess of one-year constitutes disposal.
TRANSPORTATION
The off-site removal of any municipal waste generated or present at any time from the corporate limits of the Borough of Hellertown.
[1]
Editor's Note: See 35 P.S. § 6018.103.

§ 367-3 Municipal waste storage containers.

It shall be the duty of every owner of property and of every person occupying any dwelling unit, premises or place of business within the corporate limits of the Borough 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 the collection of such municipal waste by an authorized collector.

§ 367-4 Storage on residential properties.

A. 
Containers. All municipal waste accumulated by owners of each residential 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. Securely tied plastic bags may be used in cases where such bags can be used without being torn open by domestic or wild animals. The size of each such container shall not exceed a capacity of 30 gallons. Larger containers, designed for use with special hoisting equipment, may be used, providing the collector serving the residence utilizes collection vehicles with such necessary, special hoisting equipment.
B. 
Location of containers. Each waste container shall be located so as to be accessible to the collector at ground level and at a point at the curbline of the street or within no less than 10 feet of the public street or alley right-of-way from which the collection from a vehicle can be made. Failure to place containers at such prescribed locations may result in the discontinuance of collection services.

§ 367-5 Storage on commercial, institutional and industrial premises.

A. 
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 that containers larger than 30 gallons may be used where needed to accommodate larger volumes of municipal wastes. Such containers shall be maintained in good working order.
B. 
Location of containers. Containers for the collection of wastes at commercial, institutional and industrial premises shall be located on such premises at a place which shall not interfere with public or private sidewalks, driveways, roads, streets, alleys, highways or entrances and exits from public or private buildings.

§ 367-6 Use of street receptacles.

A. 
Disposal prohibited. No person shall dispose or discard any waste upon any of the streets, alleys and public ways and properties of the Borough except by placing the same in the receptacles placed by the Borough along the public streets, alleys and public ways and properties of the Borough for the incidental use by and the convenience of the public.
B. 
Applicability. Nothing contained elsewhere in this article shall prohibit the disposal of waste in the receptacles placed by the Borough along the public streets, alleys and public ways and properties of the Borough for the convenience of the public so long as that use is confined to incidental use.

§ 367-7 Nonresidents' use of residents' containers prohibited.

A. 
It shall be a violation of this article for any person who is not a resident of the Borough to dispose of any waste by placing it within the container(s) used or provided by any resident of the Borough in compliance with the various provisions of this article.
B. 
It shall be a violation of this article for any resident of the Borough to permit, knowingly, any nonresident to utilize any container used or provided by such resident for the disposal of waste generated from without the corporate limits of the Borough.

§ 367-8 Violation for nonresident to use facilities for residents.

[Added 4-18-1988 by Ord. No. 555]
It shall be a violation of this article for any person who is not a resident of the Borough of Hellertown to dispose of any garbage, refuse and/or solid waste at any of the various facilities owned by said Borough and maintained for the use and convenience of the residents of the Borough, unless such garbage, refuse and/or solid waste originated from within the corporate limits of the Borough and was generated by residents of the Borough.

§ 367-9 Unauthorized collection and transportation.

It shall be unlawful for any person, other than such persons as are duly authorized by the Borough of Hellertown, to collect and transport solid waste of any nature as a regular hauling business within or from the Borough of Hellertown. Authorization to engage in such a hauling business shall be given by the Borough of Hellertown.

§ 367-10 Licensing of waste collectors.

Authorization to collect, transport and dispose of municipal waste for persons other than oneself may be given only by the Borough of Hellertown through the issuance of a license. All applications for licensing shall be approved in accordance with the following:
A. 
Eligible persons. Municipal solid waste collection licenses may be issued only to those persons who can provide evidence, satisfactory to the Borough, that they are capable of providing the necessary services and can comply with the provisions and intent of this chapter. The Borough of Hellertown reserves the right to disapprove any application for such a license and to revoke any license issued upon the failure of any licensee to maintain full compliance with the provisions of this article.
B. 
Application procedure. Applicants for a municipal solid waste collection license must furnish the following information:
(1) 
The make, model, vehicle registration number and the size of each vehicle to be used for the collection and transportation of wastes.
(2) 
The location, address and telephone number of the business office of the applicant.
(3) 
The business name of the applicant, together with the name(s) and address(es) of the principals, owners and/or officers of the business/applicant.
(4) 
A certificate of insurance documenting the applicant's workers' compensation insurance coverage as required by law.
(5) 
A certificate of insurance documenting that the applicant carries complete third-party comprehensive, bodily injury and property damage liability insurance, the limits of which shall not be less than $100,000/$300,000 for bodily injury and $50,000 for property damage.
(6) 
Any and all other information and documentation which the Borough of Hellertown may request and deem necessary prior to the issuance of a license.
C. 
Issuance. Licenses shall be issued on a calendar-year basis, but may be revoked at any time by the Borough of Hellertown for the failure of the licensee to maintain full compliance at all times with the provisions of this article.
D. 
Fees. The fee for a hauler's license shall be set by the Council of the Borough of Hellertown, and the amount thereof shall be disclosed to any applicant or other person upon request. Said fee may be amended, from time to time, at the discretion of the Council of the Borough of Hellertown through the adoption of a resolution for that purpose.
E. 
License and capacity. Each vehicle so licensed pursuant to the terms of this article at all times shall display the name, address and telephone number of the licensee and the cubic yard capacity of the vehicle's body. The licensee shall ensure that the license, or a copy thereof, is maintained within each vehicle so licensed and to which said license applies.

§ 367-11 Prevention of spilling during transportation.

Any person transporting solid waste within the Borough of Hellertown shall prevent or remedy any spillage from vehicles or containers used in the transport of such solid waste.

§ 367-12 Designated facilities; disposal of municipal waste.

All municipal waste produced, collected and transported from within the jurisdictional limits of the Borough of Hellertown shall be, to the extent permitted by law, disposed of at disposal facilities designated by the Borough and in accordance with any currently effective solid waste management plan of the Borough of Hellertown. In the absence of such designated facilities and/or such currently effective solid waste management plan, municipal waste from the Borough must be disposed of at a state-permitted facility.

§ 367-13 Notice to collectors.

Should the Borough of Hellertown designate the disposal facilities as provided for in § 367-12 above, all authorized collectors and other interested persons shall be informed 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.

§ 367-14 Individuals not engaged in collection business.

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.

§ 367-15 Farming activities.

Nothing contained herein shall prohibit a farmer from carrying out the normal activities of his farming, including composting and spreading of manure or other farm-produced agricultural waste.

§ 367-16 Hazardous and residual waste.

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 waste, as defined by the Pennsylvania Solid Waste Management Act.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.

§ 367-17 Schedule of service fees and penalties.

The Council of the Borough of Hellertown shall have the power to establish a schedule of service fees and penalties for the provision of waste collection, removal and transportation services and to establish a system for the collection of those fees and penalties from service subscribers. Said Council also shall have the power to amend the schedule of fees and penalties and/or the fee collection system from time to time as may be deemed necessary. Said schedules and amendments shall be accomplished by the adoption of a resolution which shall be attached hereto as an appendix and made a part hereof by this reference.

§ 367-18 Responsibility for payment of fees.

The legal and/or equitable owner(s) of the real estate from which the municipal waste is collected, removed and transported shall be responsible to pay, and shall pay, the fees, fines and penalties as may be imposed properly pursuant to the various provisions of this article.

§ 367-19 Violations and penalties.

[Amended 4-18-1988 by Ord. No. 555[1]]
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not less then $25 or more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 367-20 Additional remedies.

In addition to the foregoing penalties, the Borough of Hellertown 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 his receipt of a written notice to do so, the Borough 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.

§ 367-21 Abatement.

The imposition of the penalties and/or remedies herein prescribed shall not preclude the Borough of Hellertown from instituting appropriate actions or proceedings to prevent the violation of this article; to restrain, correct or abate any such violation; or to prevent any act, conduct, business or activity constituting a violation of the provisions hereof.

§ 367-22 Amendment.

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.
[Adopted 5-20-1991 by Ord. No. 574]

§ 367-23 Title.

This article shall be known and cited as the "Hellertown Borough Recycling Ordinance of 1991."

§ 367-24 Authority.

A. 
Pursuant to the Municipal Waste Planning, Recycling and Waste Reduction Act, Act of July 28, 1988, No. 101,[1] each municipality of the commonwealth shall have the power and duty to adopt and implement programs for the collection and recycling of municipal waste or source-separated recyclable materials.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
B. 
Pursuant to paragraph (6), § 1202, Article XII, "Corporate Powers," of the Borough Code, Act of February 1, 1966, No. 581, as amended, among the specific powers granted to the Council is the authority to make such regulations as may be necessary for the health, safety, morals, general welfare and cleanliness and the beauty, convenience and safety of the Borough.[2]
[2]
Editor's Note: See 53 P.S. § 46202(6).
C. 
Also pursuant to paragraph (11) of the aforesaid § 1202,[3] Council are granted the authority to make regulations for the care and removal of garbage and other refuse material, including the imposition and collection of reasonable fees and charges therefor.
[3]
Editor's Note: See 53 P.S. § 46202(11).

§ 367-25 Definitions.

A. 
General. For the purposes of this article, the following terms, phrases or words shall have the meaning ascribed to them in this section, except where the context in which the same may be used clearly indicates otherwise. All references to the singular shall include the plural and vice versa. The masculine shall include the feminine. The term "may" is permissible; "shall" is mandatory.
B. 
Specific terms.
ALUMINUM CANS
Empty, all-aluminum beverage and food containers.
BIMETALS/BIMETALLIC CONTAINERS
Empty beverage and food containers of a combined aluminum and steel composition.
BOROUGH
The Borough of Hellertown, Northampton County, Pennsylvania.
CO-MINGLED RECYCLABLES
Those materials to be recycled that are mixed together at the generation source for collection and separated elsewhere in preparation for the market.
COMMERCIAL ACTIVITY
An event sponsored by public or private agencies or individuals, that includes, but is not limited to, fairs, carnivals, socials, picnics and organized sporting events at which the attendance shall be, or is anticipated to be, 200 or more persons.
COMMERCIAL ESTABLISHMENT
Those nonresidential enterprises engaged in trade, provision of services and/or industrial activities.
CONTRACTOR
The person, firm or corporation authorized by the Borough to collect, convey and dispose of recyclable materials in accordance with the terms of this article.
CORRUGATED/CORRUGATED PAPER
Structural paper material with a rigid inner core shaped in parallel alternating ridges and grooves.
FERROUS CONTAINER
Empty food or beverage containers of a steel or tin-plated steel composition.
GLASS CONTAINER
Bottles or jars made of clear (flint), green or brown (amber) glass. Expressly excluded from this term are plate glass, automotive glass, blue glass, porcelain and ceramic, and items comprised of or containing the aforesaid excluded materials.
HAZARDOUS WASTE
Any garbage, refuse or sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant or air-pollution-control facility and other discarded materials, including solid, semisolid, liquid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining or agriculture operations and from community activities, or any combination thereof.
HDPE
An acronym for high-density polyethylene plastic, used commonly for the manufacture of milk and water jugs and detergent bottles. Society of the Plastic Industry (SPI) coded by the numeral "2" surrounded by a three-sided arrow.
HIGH GRADE OFFICE PAPER
White paper, bond paper and computer paper used in commercial, institutional, industrial establishments.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people such as hospitals, schools, day-care centers and nursing homes.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass clippings.
[Added 11-2-2015 by Ord. No. 803]
MULTIFAMILY DWELLING
Any property having four or more dwelling units per structure.
MUNICIPALITY
The Borough of Hellertown, Northampton County, Pennsylvania.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities, and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act (Act 97 of 1980) from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air-pollution-control facility.
NEWSPAPER
That type of paper commonly referred to as "newsprint."
PERSON
Every natural person, association or corporation and, as applied to associations, shall include the responsible members or general partners thereof, and, as applied to corporations, the officers thereof.
PET
An acronym for polyethylene terephthalene, more commonly called polyester and used in the manufacture of plastic soft-drink (soda) bottles. SPI coded by the number "1" surrounded by a three-sided arrow.
RECYCLABLE MATERIAL
Those materials listed in § 1501 of Act 101[1] and materials identified by the Borough to be recycled and listed in Appendix A hereto.[2]
RECYCLING
The separation, collection and recovery of materials which otherwise would be disposed of or processed as municipal waste for reuse as a substitute for or supplement to raw materials.
RECYCLING CONTAINER
The receptacle to be utilized by residential dwellers for the placement of recyclable materials for collection.
RESIDENCE/RESIDENTIAL DWELLING
Any property having less than four dwelling units in the structure.
WASTE
Any material the original purpose of which has been fulfilled and which is directed to a facility for disposal. The term does not include recyclable material.
[1]
Editor's Note: See the Municipal Waste Planning, Recycling, and Waste Reduction Act of 1988, 53 P.S. § 4000.1501.
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.

§ 367-26 Recycling program.

A. 
General. There hereby is established within the Borough a program that mandates that certain, specified recyclable materials, as identified in Appendix A hereto, shall be kept separate from other municipal wastes, and the same shall be placed for collection in the manner designated by the Borough and in accordance with the recycling regulations, affixed hereto as Appendix B.[1] Failure or refusal of any person to comply with these regulations shall be considered to be a violation of this article, punishable as an offense as hereinafter provided.
[1]
Editor's Note: Appendixes A and B are included at the end of this chapter.
B. 
Leaf waste. In addition to those recyclable materials identified in Appendix A, all persons shall refrain from the disposal of leaf waste as part of their normal wastes. Leaf waste is to be disposed of in accordance with the leaf collection program provided by the Borough.

§ 367-27 Municipal ownership of recyclables.

A. 
All residence-generated recyclable materials, once placed for collection in accordance with the recycling regulations, shall become the property of the Borough.
B. 
It shall be a violation of this article for any person to collect or pick up any recyclable material absent of the written authorization of the Borough to do so. Each such unauthorized collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.

§ 367-28 Existing recycling operations.

A. 
Any person may donate or sell recyclable materials to individuals, firms or organizations that were operating recycling programs on or before July 28, 1988, the effective date of the Pennsylvania Municipal Waste Recycling, Planning and Waste Reduction Act, Act 101 of 1988.
B. 
Persons so donating or selling recyclable materials to such program operators shall transport those materials to the operator's collection site.
C. 
Operators of pre-Act 101 recycling programs shall make application for and obtain a permit from the Borough to collect recyclable materials within the Borough. The procedures relative to the permit application and issuance process are set forth in the recycling regulations, Appendix B hereto.[1]
[1]
Editor's Note: Appendix B is included at the end of this chapter.

§ 367-29 Recycling of materials; violations.

A. 
All persons residing or doing business within the limits of the Borough shall conform to the terms of this article and those of the recycling regulations, attached hereto as Appendix B, relative to the recycling of specified materials.[1]
[1]
Editor's Note: Appendix B is included at the end of this chapter.
B. 
It shall be a violation of this article for any person to dispose of any specified recyclable materials by placing them in the ordinary municipal waste stream or otherwise disposing of them contrary to the terms of this article or the recycling regulations hereto. Each such violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
C. 
It shall be a violation of this article for any person who has been authorized by the Borough to collect recyclable materials from within the Borough to dispose of said materials in landfills or through incineration unless it can be documented to the satisfaction of the Borough that markets for said materials do not exist at the time of the proposed alternative disposal. Each such violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.

§ 367-30 Franchise or license.

The Borough may enter into agreements with public or private agencies or firms, granting authorization to them to collect all or part of the specified recyclable materials from curbside or elsewhere, as designated by the Borough.

§ 367-31 Enforcement and administration.

A. 
The Borough hereby is authorized and directed to enforce this article and the recycling regulations hereto.
B. 
The same hereby is authorized and directed to establish and promulgate reasonable recycling regulations, which shall constitute Appendix B hereto, and shall be given the same force and effect as though the same were set forth at length herein.[1] Said regulations shall stipulate and control the manner, days and times for the collection of recyclable materials in accordance with the terms hereof and any other matters required to implement this article. The Borough may change, modify, repeal or amend any portion of said regulations at any time by motion of Borough Council, as seen fit to further the objectives of this article and Act 101.
[1]
Editor's Note: Appendix B is included at the end of this chapter.

§ 367-32 Violations and penalties.

A. 
Any action by any person which violates or does not comply with any provision of this article or the regulations as made a part hereof shall, upon conviction thereof, be sentenced to pay a fine not to exceed $25, and the costs of prosecution, upon a first conviction; a fine not to exceed $100, and the costs of prosecution, upon a second conviction; and a fine not to exceed $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The foregoing fine schedule shall not be applicable to a conviction for a violation of § 367-27B, of this article. Any person, upon conviction of a violation of the provisions of said § 367-27B, shall be sentenced to pay a fine not to exceed $600 and the costs of prosecution.