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Township of Williams, PA
Northampton County
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[Ord. 2003-1, 4/8/2003, ยงย 1]
This Part shall provide a mandatory recycling program and govern all aspects of the collection, storage, transportation, processing and disposal of Township solid waste in the Township. It contains regulations applicable to haulers of municipal waste, collectors of recyclables, individuals, commercial, Township and institutional establishments and community activities.
[Ord. 2003-1, 4/8/2003, ยงย 2]
A part to establish a program for the mandatory source separation and separate collection of designated recyclable materials from residences and properties receiving municipal waste collection services from or on behalf of the Township, for recycling purposes; to prohibit the disposal of designated recyclable materials into the conventional municipal waste disposal system; to empower the Township to promulgate and adopt reasonable rules and regulations, therefor, and to fix penalties for violation thereof of this Part.
[Ord. 2003-1, 4/8/2003, ยงย 3; as amended by Ord. 2014-10, 9/10/2014, Art. I]
1.ย 
As used in this Part, the following terms shall have the meanings indicated:
AGENT
One who performs an act for his immediate family or for another person gratuitously (without any form of monetary or material compensation therefore).
ALUMINUM CANS
Empty, all aluminum beverage and food containers.
APPLICANT
A person desirous of being licensed as a hauler or of being issued a recyclable collection permit, as the case may be.
AUTHORIZED COLLECTOR
A licensed hauler (as defined herein); a recyclable collection permittee (as defined herein); or a person who, being so authorized by the terms of this Part, removes municipal waste or recyclables from his own premises, as owner of the building or commercial, Township or institutional establishment or community activity conducted therein, or as an agent (as defined herein) of another person.
BIMETALLIC CANS
Empty food or beverage containers consisting of both steel and aluminum.
COLLECTOR
Any person, firm, partnership, corporation or public agency, excluding nonprofit organizations or associations, who is engaged in the collection and/or transportation of municipal waste and/or source-separated recyclable materials.
COMMERCIAL
Of or pertaining to any wholesale, retail, industrial, manufacturing, transportation or financial or professional service or office enterprise, business or establishment.
COMMINGLED RECYCLABLES
Recyclables mingled or blended together placed in the same container.
COMMUNITY ACTIVITY
An activity or event sponsored or organized by a public or private nonprofit organization for recreational, educational, cultural or civic purposes, which may be attended by members of the public, whether or not an entrance or participation fee is charged therefor.
COMPOSTING
The process of the biological decomposition of organic solid waste is biologically decomposed under controlled anaerobic or aerobic conditions and yield a humus-like product.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid parallel furrows and ridges, of the type normally used to make packaging cartons and boxes.
CURBSIDE COLLECTION
A method of collection of residentially generated recyclables by which the owners or occupants of certain residential properties may dispose of their recyclables by placing them at curbside at times designated by the licensed haulers, for collection and removal by an authorized collector thereof for delivery to a recycling center.
DEPARTMENT OR DEP
The Pennsylvania Department of Environmental Protection.
DISPOSAL
The incineration, deposition, injection, dumping, spilling, leaking or placing of municipal waste into or on the land or water in a manner such that the municipal waste or a constituent thereof enters the environment, is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania.
DISPOSAL AREA
Any site, location, area, building, structure, transfer station or premises to be used for municipal waste disposal.
GARBAGE
All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
GLASS CONTAINERS
All empty food and beverage jars or bottles, the product being transparent or translucent (either clear, green or brown).
HAULER
Any authorized collector.
INSTITUTIONAL
Of or pertaining to any establishment engaged in service to persons including, but not limited to, hospitals, group homes, nursing homes, schools, universities, churches and social or fraternal societies and organizations.
LANDLORD
The owner of residential property or such owner's authorized agent.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass clippings.
LICENSED HAULER
Any collector or hauler of vegetative waste, municipal waste and/or source-separated recyclables possessing a current license issued by the DEP.
MAGAZINES
Printed matter, also known as "periodicals," containing miscellaneous written pieces published at fixed or varying intervals, printed on gloss or chemically coated paper. Expressly excluded are newspapers and all other paper products of any nature whatsoever.
MULTIFAMILY DWELLING
A type of residential property either under single ownership or organized as a condominium or cooperative form of housing, which contains four or more dwelling units.
MUNICIPAL
Of or pertaining to any office or other property under the control of any branch or arm of the federal government of the United States of America, the Commonwealth of Pennsylvania or any political subdivision of the Commonwealth of Pennsylvania including, but not limited to, the Township, any counties, cities, boroughs, townships and municipal authorities.
MUNICIPAL WASTE
Any garbage, refuse, industrial, lunchroom or office waste and other material, including solid, liquid, semi-solid or contained gaseous material, resulting from the operation of residential, municipal, commercial or institutional establishments or from community activities and which are not classified as residual or hazardous waste. The term does not include source-separated recyclable materials.
MUNICIPAL WASTE LANDFILL
Any facility that is designed, operated or maintained for the disposal of municipal waste, whether or not such facility possesses a permit from the department under the Solid Waste Management Act, 35 P.S. ยงย 6018.101 et seq. The term shall not include any facility that is used exclusively for disposal of construction/demolition waste or sludge from sewage treatment plants or water supply treatment plants.
NEWSPAPER
Paper of the type commonly referred to as "newsprint" and distributed at fixed or stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest. The term "newspaper" expressly excludes, glossy advertising inserts, magazines, glossy or other chemically coated paper, office paper, any other paper product of any nature.
PERSON
Any individual, partnership, corporation, association, institutions, cooperative, enterprise, municipality, municipal authority, federal government or agency, state institution or agency, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provision of this Part prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
PLASTIC CONTAINERS
Empty plastic food and beverage containers, the specific types of which are PET (e.g., soft drink bottles) and HDPE (e.g., milk and water jugs, detergent and shampoo bottles), to be designated by resolution of the Township Supervisors.
RECYCLABLE COLLECTION PERMITTEE
A person registered with the Township to collect, transport, and dispose of recyclables exclusively (and not municipal waste) for persons other than himself, his immediate family, or persons for whom he is acting as an agent, excluding a nonprofit organization or association.
RECYCLABLES
Materials designated as recyclable in this Part or required by the terms of this Part (or any amendment hereto) to be kept separate from municipal waste and recycled.
RECYCLING
The separation, collection, processing, recovery and sale or reuse of metals, glass, paper, plastics and other materials which would otherwise be disposed of as municipal waste.
RECYCLING FACILITY
A facility employing a technology that is a process that separates or classifies municipal waste and creates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute for or a supplement to virgin raw materials. The term "recycling facility" shall not mean transfer stations or landfills for solid waste nor composting facilities or resource recovery facilities. The term does not include:
(1)
Any composting facility.
(2)
Methane gas extraction from a municipal waste landfill.
(3)
Any separation and collection center, dropoff point or collection center for recycling, or any source separation or collection center for composting leaf waste.
(4)
Any facility including all units in the facility with a total processing capacity of less than 50 tons per day.
RESIDENTIAL
Of or pertaining to any dwelling unit used as a place of human habitation and which is not commercial, municipal, institutional or a community activity. Home occupations incidental to be residential use within a building are considered "residential."
RESOURCE RECOVERY FACILITY
A processing facility that provides for the extraction and utilization of materials or energy from municipal waste that is generated off site, including, but not limited to, a facility that mechanically extracts materials from municipal waste, a combustion facility that converts the organic fraction of municipal waste to usable energy, and any chemical and biological process that converts municipal waste into a fuel product. The term also includes any facility for the combustion of municipal waste that is generated off site, whether or not the facility is operated to recover energy. The term does not include:
(1)
Any composting facility.
(2)
Methane gas extraction from a municipal waste landfill.
(3)
Any separation and collection center, dropoff point or collection center for recycling, or any source separation or collection center for composting leaf waste.
(4)
Any facility including all units in the facility with a total processing capacity of less than 50 tons per day.
RUBBISH
Solid waste exclusive of garbage (e.g., nonrecyclable glass, metal, paper or plastic) and non-combustible plant material, wood or non-putrescible solid waste.
STEEL CANS
Empty food of beverage containers made of steel, tin-coated steel or other ferrous metal food or beverage containers.
STORAGE
The containment of any municipal waste on a temporary basis in such a manner as not to constitute disposal of such municipal waste. It shall be presumed that the containment of any municipal waste in excess of one month constitutes disposal. This presumption can only be overcome by clear convincing evidence to the contrary.
TOWNSHIP
Williams Township, Northampton County, Pennsylvania.
TRANSPORTATION
The off-site removal of any municipal waste at any time after generation thereof.
WASTE
A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed of. The term does not include source-separated recyclable materials or material approved by DEP for beneficial use.
[Ord. 2003-1, 4/8/2003, ยงย 4]
1.ย 
It shall be unlawful for any person to store, dump, discard or deposit or to permit the storage, dumping, discarding or depositing of, any municipal waste or recyclables upon the surface of the ground or underground within the Township, except in proper containers for purposes of storage or collection, and except where the waste or recyclables are of such size or shape as not to permit their being placed in such containers. It shall be unlawful for any person to dump or deposit any municipal waste or recyclables in any stream, body of water or on any public right-of-way within the Township.
2.ย 
Every owner of property or occupant thereof responsible for such property a day-to-day operation or maintenance shall pick up and discard in any appropriate receptacle any municipal waste, recyclables or other debris deposited or accumulated on the sidewalk or gutter in front of or adjacent to such property. All owners or operators of commercial, industrial, institutional and Township establishments in the Township shall take all reasonable precautions to prevent the deposit and accumulation of debris in front of their premises, and in furtherance of that end, may place appropriate waste containers on the sidewalks in front of or adjacent to their premises at a point which will not create a hazard to traffic or pedestrians. Any such receptacles so placed shall be emptied on a regular basis and maintained in a neat and clean appearance.
3.ย 
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, provided such activities are conducted in accordance with all applicable law, rules and regulations.
4.ย 
Bulk containers shall not be permitted to overflow or to have waste strewn or left about them on the ground. A violation of this provision shall be deemed a violation of this Part by the person on whose property the bulk container is located, if it is located on private property.