[HISTORY: Adopted by the Borough Council of the Borough of
Hellertown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-3-1986 by Ord. No. 540]
This article shall be known and cited as the "Hellertown Borough
Municipal Solid Waste Ordinance."
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.
A person desirous of being authorized as a collector.
The Borough of Hellertown, Northampton County, Commonwealth
of Pennsylvania.
A person authorized to collect, transport and dispose of
municipal waste from the Borough of Hellertown.
Any enterprise engaged in a nonmanufacturing or nonprocessing
business, including, but not limited to, retail stores, markets, office
buildings, restaurants, shopping centers and theaters.
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.
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, preparing, cooking and consuming of
foods.
Any enterprise engaged in manufacturing or processing, including,
but not limited to, factories, foundries, mills, processing plants,
refineries and the like.
Any enterprise 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 processes.
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])
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.
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.
The collective term which applies to all garbage, rubbish,
ashes, leaves and grass trimmings from residential, municipal, commercial
or institutional premises.
Occurring with a frequency of not less than three times within
a calendar 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, § 103.)
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.
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.
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.
A.Â
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.Â
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.
A.Â
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.Â
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.
A.Â
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.Â
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.
A.Â
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.Â
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.
[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.
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.
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.Â
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.Â
Application procedure. Applicants for a municipal solid waste collection
license must furnish the following information:
(1)Â
The make, model, vehicle registration number and the size of each
vehicle to be used for the collection and transportation of wastes.
(2)Â
The location, address and telephone number of the business office
of the applicant.
(3)Â
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)Â
A certificate of insurance documenting the applicant's workers'
compensation insurance coverage as required by law.
(5)Â
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)Â
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.Â
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.Â
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.Â
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.
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.
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.
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.
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.
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.
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.
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.
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.
[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.
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.
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.
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]
This article shall be known and cited as the "Hellertown Borough
Recycling Ordinance of 1991."
A.Â
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.Â
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.Â
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).
A.Â
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.Â
ALUMINUM CANS
BIMETALS/BIMETALLIC CONTAINERS
BOROUGH
CO-MINGLED RECYCLABLES
COMMERCIAL ACTIVITY
COMMERCIAL ESTABLISHMENT
CONTRACTOR
CORRUGATED/CORRUGATED PAPER
FERROUS CONTAINER
GLASS CONTAINER
HAZARDOUS WASTE
HDPE
HIGH GRADE OFFICE PAPER
INSTITUTIONAL ESTABLISHMENT
LEAF WASTE
MULTIFAMILY DWELLING
MUNICIPALITY
MUNICIPAL WASTE
NEWSPAPER
PERSON
PET
RECYCLABLE MATERIAL
RECYCLING
RECYCLING CONTAINER
RESIDENCE/RESIDENTIAL DWELLING
WASTE
Specific terms.
Empty, all-aluminum beverage and food containers.
Empty beverage and food containers of a combined aluminum
and steel composition.
The Borough of Hellertown, Northampton County, Pennsylvania.
Those materials to be recycled that are mixed together at
the generation source for collection and separated elsewhere in preparation
for the market.
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.
Those nonresidential enterprises engaged in trade, provision
of services and/or industrial activities.
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.
Structural paper material with a rigid inner core shaped
in parallel alternating ridges and grooves.
Empty food or beverage containers of a steel or tin-plated
steel composition.
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.
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.
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.
White paper, bond paper and computer paper used in commercial,
institutional, industrial establishments.
Those facilities that house or serve groups of people such
as hospitals, schools, day-care centers and nursing homes.
Leaves, garden residues, shrubbery and tree trimmings, and
similar material, but not including grass clippings.
[Added 11-2-2015 by Ord.
No. 803]
Any property having four or more dwelling units per structure.
The Borough of Hellertown, Northampton County, Pennsylvania.
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.
That type of paper commonly referred to as "newsprint."
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.
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.
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.
The receptacle to be utilized by residential dwellers for
the placement of recyclable materials for collection.
Any property having less than four dwelling units in the
structure.
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.
A.Â
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.Â
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.
A.Â
All residence-generated recyclable materials, once placed for collection
in accordance with the recycling regulations, shall become the property
of the Borough.
B.Â
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.
A.Â
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.Â
Persons so donating or selling recyclable materials to such program
operators shall transport those materials to the operator's collection
site.
C.Â
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.
A.Â
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.Â
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.Â
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.
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.
A.Â
The Borough hereby is authorized and directed to enforce this article
and the recycling regulations hereto.
B.Â
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.
A.Â
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]
