Township of New Britain, PA Part 1 WASTE COLLECTION AND TRANSPORTATION

§ 20-101 Short Title; Recycling.

[Ord. 2007-08-01, 8/13/2007]

1. This Part 1 shall be known and referred to as the "Municipal Waste Collection and Transportation Ordinance of New Britain Township."

2. In compliance with Act 101 and Act 140, New Britain Township, in Ordinance 2006-11-2 [Part 2 of this chapter], has established a curbside recycling program. All residents of the Township shall separate recyclables and place them at curbside for collection by a licensed hauler or collector or shall transport them to another designated collection point for collection and separate from other solid waste. Recyclables and municipal waste shall not be mixed but shall be placed in separate containers to avoid contamination.

§ 20-102 Definitions.

[Ord. 2007-08-01, 8/13/2007]

1. The following words and phrases, as used in this Part shall have the meanings ascribed to them herein, unless the context clearly indicates a different meaning.

ACT 90

The Pennsylvania Waste Transportation Safety Act of 2002 (P.L. 596, No. 90, June 29, 2002).[1]

ACT 97

The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[2]

ACT 101

The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act 1988-101, July 28, 1988), as amended by Act 140 of 2006.[3]

APPROVED DISPOSAL SITE

Waste disposal facilities, such as landfills or trash-to-steam facilities, which are licensed by and operated in accordance with the laws and regulations of the Commonwealth of Pennsylvania or the laws and regulations of the state in which the disposal site is located.

COLLECTOR OR WASTE HAULER

Any person, firm, partnership, corporation or public agency who is engaged in the collection and/or transportation of municipal waste and/or source-separated recyclable materials.

COMMERCIAL ESTABLISHMENT

Any establishment engaged in a nonmanufacturing or nonprocessing business, including but not limited to stores, markets, offices, restaurants, shopping centers and theaters.

COUNTY

The County of Bucks, Pennsylvania.

DISPOSAL

The deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters of this commonwealth. Disposal facilities include but are not limited to municipal waste landfills and construction/demolition waste landfills, as defined by Act 101, Act 97, and/or the PADEP rules and regulations (25 Pa. Code, Chapters 75 and 271).

INDUSTRIAL ESTABLISHMENT

Any establishment engaged in manufacturing or production activities, including but not limited to factories, foundries, mills, processing plants, refineries, mines, and slaughterhouses.

INSTITUTIONAL ESTABLISHMENT

Any establishment or facility engaged in services, including but not limited to hospitals, nursing homes, schools and universities.

LEAF WASTE

Leaves, garden residues, shrubbery and tree trimmings, and similar materials, but not including grass clippings.

LICENSED COLLECTOR OR LICENSED WASTE HAULER

A person who has written authorization from the PADEP under Act 90 to collect, haul, transport and dispose of municipal waste.

MUNICIPAL WASTE

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" under Act 97 from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant, or air-pollution control facility. The term does not include any source-separated recyclable materials.

MUNICIPALITY

Any of the 54 minor civil divisions in Bucks County, Pennsylvania.

PADEP

The Pennsylvania Department of Environmental Protection.

PERSON

Any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, federal government or agency, state institution or agency, or any other legal entity recognized by law as the subject of rights and duties. In any provisions 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.

PROCESSING

Any technology used for the purpose of reducing the volume or bulk of municipal or residual waste or any technology used to convert part or all of such materials for off-site reuse. Processing facilities include but are not limited to transfer facilities, recycling facilities, composting facilities, and resource-recovery facilities.

RECYCLING

The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed of or processed as municipal waste or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the generation of energy.

SCAVENGING

The unauthorized and uncontrolled removal of any material stored or placed at a point for subsequent collection or from a processing or disposal facility.

SOURCE-SEPARATED RECYCLABLE MATERIALS

Materials, including leaf waste, that are separated from municipal waste at the point of origin or generation for the purpose of recycling.

TRANSPORTATION

The off-site removal of any municipal waste at any time after generation.

[1] Editor's Note: See 27 Pa.C.S.A. § 6201 et seq.

[2] Editor's Note: See 35 P.S. § 6018.101 et seq.

[3] Editor's Note: See 53 P.S. § 4000.101 et seq.

2. For the purpose of this Part, the singular shall include the plural, and the masculine shall include the feminine and neuter.

§ 20-103 Prohibited Activities.

[Ord. 2007-08-01, 8/13/2007]

1. It shall be unlawful for any person to collect and/or transport municipal waste from any residential, public, commercial, industrial or institutional establishment within New Britain Township without first securing written authorization from the PADEP in accordance with the provisions of Act 90.

2. It shall be unlawful for any person to store, collect and/or transport municipal waste or source-separated recyclable materials from any sources within New Britain Township in a manner not in accordance with the provisions of this Part, any applicable municipal ordinance, the Revised County Plan, Act 90, Act 101, the minimum standards and requirements established in Chapter 285 of the PADEP Municipal Waste Management Regulations, any applicable Bucks County Department of Health regulations, and/or any other federal, state, or local regulations.

3. It shall be unlawful for any person to scavenge any material from any municipal waste or source-separated recyclable materials that are stored or placed for subsequent collection within New Britain Township without prior approval from the municipality.

§ 20-104 Standards for Collection and Transportation; Inspections.

[Ord. 2007-08-01, 8/13/2007]

1. All collectors or waste haulers operating within New Britain Township must comply with the minimum standards and regulations of this Part.

2. All trucks or other vehicles used for collection and transportation of municipal waste and/or source-separated recyclable materials must comply with the applicable requirements of Act 90, Act 97, Act 101, and PADEP regulations adopted pursuant to Act 97 and Act 101, including the Title 25 Pa. Code, Chapter 285, Subchapter B, regulations for the collection and transportation of municipal waste.

3. All collection vehicles conveying municipal waste and/or source-separated recyclable materials shall be operated and maintained in a manner that will prevent creation of a nuisance or a hazard to public health, safety and welfare.

4. All collection vehicles conveying putrescible municipal waste shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors and the creation of odors and other nuisances.

5. All collection vehicles conveying nonputrescible municipal waste and/or source-separated recyclable materials shall be capable of being enclosed or covered to prevent litter and other nuisances.

6. All collection vehicles conveying municipal waste and/or source-separated recyclable materials shall bear signs identifying the name and business address of the person or municipality which owns the vehicle and the specific type of material transported by the vehicle. All such signs shall have lettering which is at least six inches in height as required by Act 101.

7. All collection vehicles and equipment used by collectors or waste haulers shall be subject to inspection by New Britain Township or its authorized agents at any reasonable hour without prior notification.

§ 20-105 Disposal of Refuse.

[Ord. 2007-08-01, 8/13/2007]

1. It shall be unlawful to dump, destroy, burn or otherwise dispose of refuse within the Township except at an approved disposal site. This prohibition shall not extend to the composting of leaf waste.

2. All refuse shall be deposited and disposed of at an approved disposal site.

3. All disposal regulations of the approved disposal site shall be adhered to.

4. All vehicles used for collection shall use, insofar as practical, only state highways when proceeding to and from the approved disposal sites, except when using roads or streets in the Township where contracted to collect.

5. It shall be unlawful to dispose of live ashes, flammable liquids, explosive substances, toxic chemicals or any other similar hazardous substances in the Township.

§ 20-106 Preparation of Refuse and Recyclables for Disposal.

[Ord. 2007-08-01, 8/13/2007]

1. Refuse and recyclables shall be prepared as follows:

A. Garbage shall be placed in suitable bags prior to depositing in containers.

B. All refuse shall be containerized or properly bundled so that it may be handled by one man or woman.

C. Recyclables other than leaf waste shall be separated and containerized as required by the collector. Recyclables required for collection by residential users and organizers of community events shall include cardboard, office paper, aluminum, bimetal, steel, corrugated paper, office paper, newsprint, plastics, colored glass and clear glass. Commercial, institutional, and municipal users shall separate corrugated paper, newsprint, aluminum, and leaf waste.

D. Leaf waste, including leaves, shrubbery, Christmas trees, tree trimmings and similar vegetative materials, shall be separated, prepared and bundled as directed by the collector.

2. Refuse containers shall be as follows:

A. Refuse containers shall be made of durable, watertight, rust-resistant material, having close-fitting lids and handles to facilitate collection.

B. Refuse containers for residences shall be of not more than 32 gallons in capacity.

C. Refuse containers for commercial establishments, except dumpsters, shall not exceed 40 gallons in capacity.

3. It shall be unlawful to permit the accumulation or residue of liquids, solids or a combination of such materials on the bottoms or sides of refuse containers; the interiors of refuse containers shall be kept clean by thorough rinsing and draining as often as necessary.

§ 20-107 Collection Practices.

[Ord. 2007-08-01, 8/13/2007; as amended by Ord. 2013-03-01, 3/18/2013, Art. I]

1. Refuse containers shall, for the purpose of collection, be placed at ground level and be made readily accessible to the collector.

2. Notwithstanding Subsection 1, householders, commercial establishments or other persons may, by contract with collectors, be permitted to place containers at agreed places upon their premises.

3. Collections shall be made from all properties throughout the Township, including all streets, accepted or otherwise, and including those streets that are temporarily closed for repairs or construction. In the latter case, special collection points shall be designated by the Board or its designee if the condition of the street would prevent access thereto by the collector's truck.

4. All licensed collectors or licensed waste haulers shall offer to their customers commingled recyclables collection service as a part of the normal collection fee for residential trash collection. Recyclables collection from residential units shall include, at a minimum, the following commodities: cardboard, office paper, newspaper, clear and colored glass, aluminum, steel and bimetallic cans, leaf waste, and Number 1 and Number 2 plastic. Recyclables shall be collected from each residential customer at a minimum of biweekly. All licensed collectors or haulers shall provide collection of those recyclables designated in § 20-106, Subsection 1C, from commercial, institutional, and municipal establishments and community activities. All recyclables shall be delivered to a recycling facility as defined in Act 101 or shall be marketed by the hauler.

5. Each licensed collector or waste hauler operating in the Township shall provide for at least one collection of leaves, garden residue, and similar vegetative materials monthly.

6. Each licensed collector or waste hauler operating in the Township shall provide for at least one collection of shrubbery, tree trimmings and similar vegetative materials monthly. This collection is not to be combined with the collection of leaf waste required by Subsection 5 above but shall be a separate collection.

7. All licensed collectors or waste haulers shall offer to their residential customers solid waste collection service on a pay-per-bag basis as an option to service on a flat-fee basis.

8. All licensed collectors or waste haulers shall collect source-separated recyclable materials at curbside in accordance with this chapter.

9. Each licensed collector or waste hauler operating in the Township shall provide for at least one collection of Christmas trees between January 7 and January 31 of each year.

10. The licensed collector or waste hauler shall collect garbage, paper, ashes, trash, rubbish, recyclables, leaf waste, shrubbery, Christmas trees, tree trimmings and similar vegetative materials throughout the Township on routes and according to schedules approved by the Board or its designee. Schedules shall be distributed to all customers and the Township.

11. Collections shall not be made on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day.

12. Collections shall only be made between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. No collections shall be made on Sundays.

13. All routes, schedules and traffic of collection trucks upon streets and highways shall be subject to the approval of the Board or its designee. No change in the service area or schedules shall be made unless the Board or its designee and all affected customers receive at least two weeks' written notice.

14. The licensed collector or waste hauler shall, on scheduled routes, cooperate with special cleanup drives or weeks as may be promulgated by the Township, which shall not exceed two in number in any one year. In addition thereto, upon request, the authorized collector shall provide a separate and special collection on a day or days as may be required in order to collect abandoned Christmas trees.

15. It shall be unlawful for any person to deposit any refuse or other waste material at the roadside for collection more that 24 hours prior to the time prescribed by collectors or to leave any refuse containers at the roadside for more than 24 hours after collection of such refuse or other waste material.

16. Notwithstanding the collection requirements for vegetative materials set forth above, if the Township maintains, now or in the future, a drop-off location in or near the municipality where residents and commercial, industrial, and municipal establishments are provided the opportunity, at least weekly, to drop off leaf waste, the collections mandated by § 20-107, Subsections 5 and 6, may be reduced as allowed by Act 140.

§ 20-108 Registration Requirements.

[Ord. 2007-08-01, 8/13/2007]

1. No person shall collect or remove any municipal waste from within New Britain Township without first obtaining written authorization from PADEP in accordance with the provisions of Act 90 and providing a copy of such written authorization to New Britain Township. This section shall not apply to private individuals (e.g., homeowners) who wish to transport their own household waste to PADEP-approved facilities or recyclables to appropriate recycling centers, nor to farmers, landscapers or nurserymen, who collect, remove, haul or otherwise transport agricultural or other organic waste associated with their respective business activities.

2. For a collector or waste hauler to collect and transport municipal waste within New Britain Township, a collector or waste hauler shall submit a registration form to New Britain Township, which shall include a copy of his/her/its state-issued written authorization and a copy of his/her/its Municipal and Residual Waste Transporter Authorization Application (DEP Form 2500-PM-BWM0015) along with any information that may be deemed appropriate by the municipality.

3. Any person who fails to satisfy the minimum standards and requirements of this Part or is in violation of the provisions of this Part may not lawfully collect municipal waste or source-separated material in New Britain Township.

4. All licensed collectors and licensed waste haulers shall meet the requirements of Act 90, Act 97, Act 101, the Bucks County Municipal Waste Management Plan, and all PADEP rules and regulations (25 Pa. Code, Chapter 285).

§ 20-109 Reporting Requirements.

[Ord. 2007-08-01, 8/13/2007]

1. All licensed collectors and licensed waste haulers and collectors and haulers of source-separated recyclable materials operating within New Britain Township shall participate in the Bucks County Municipal Recycling Documentation Program. The program will provide a system for documenting the origin of municipal waste and source-separated recyclable material by municipality and the ultimate disposal point of said waste and recyclables. Each licensed collector and licensed waste hauler and collector and hauler of source-separated recyclable materials operating in New Britain Township shall prepare and submit an annual report to the municipality on the official Collectors and Haulers Recyclables Documentation Reporting Form. The report shall be submitted by the PADEP licensed collector or licensed waste hauler and collectors and haulers of source-separated recyclable materials to New Britain Township by January 31 of each year and shall include all of the required information pertaining to the preceding calendar year.

2. All annual reports submitted to the municipality from licensed collectors and licensed waste haulers and collectors and haulers of source-separated recyclable materials shall be combined into a single report and submitted by the municipality on the official Municipal Recyclables Documentation Reporting Form to the county by February 28 of the year following the reporting period.

§ 20-110 Penalties.

[Ord. 2007-08-01, 8/13/2007]

Any person who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to pay a fine of not 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 Part continues or each section of this Part, which shall be found to have been violated shall constitute a separate offense. For purposes of this section, the doing of any act or thing prohibited by any provision of this Part, or the failure to do any act or thing as to which any provision of this Part, creates any affirmative duty, shall constitute a violation of this Part punishable as herein stated. Licensed collectors and licensed waste haulers who shall violate any provision of this Part, may be reported to the PADEP by New Britain Township and may be subject to the revocation of the state authorization to transport municipal waste, as described in Act 90.

§ 20-111 Injunctive Powers.

[Ord. 2007-08-01, 8/13/2007]

New Britain Township may petition the Bucks County Court of Common Pleas for an injunction, either mandatory or prohibitive, in order to enforce any of the provisions of this Part.