[HISTORY: Adopted by the Borough Council
of the Borough of Catasauqua as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-30-1986 by Ord. No. 901 (Ch.
VIII, Secs. 1 to 11, of the 1962 Code)]
This article shall be known as the "Borough
of Catasauqua Municipal Solid Waste Ordinance."
The following words and phrases when used in
this article shall have, unless the context clearly indicates otherwise,
the meanings given to them in this section:
A person desirous of being authorized as a collector.
Catasauqua Borough, Lehigh County.
A person authorized by the Borough to collect, transport,
and dispose of municipal waste.
Any establishment engaged in a nonmanufacturing or nonprocessing
business including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theatres.
Any commercial, industrial or institutional establishment
which is not included under the definition of "residential unit."
The incineration, deposition. injection, dumping, spilling,
leaking or placing of municipal waste into or on 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, preparation, cooking and consumption
of foods.
Any establishment engaged in manufacturing or processing
including, but not limited to, factories, foundries, mills, processing
plants, refineries and the like.
Any establishment 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 wastes
by any person engaging in such process.
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 from a municipal, commercial or institutional waste supply treatment
plant, waste water treatment plant, or air pollution control facility.
(Pennsylvania Solid Waste Management Act 97, Section 103.[1])
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution and 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 part
or all of 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 applying to all garbage, rubbish, ashes,
leaves and grass trimmings from residential, municipal, commercial
or institutional premises.
At least three or more times per month.
Any single-family, double-family or multifamily apartments
except those which contain a commercial unit; also churches, convents,
banks, business and professional offices, barber shops, and newspaper
and magazine shops; and also rooming houses and boarding houses. For
purposes of this article, the number of residential units in a rooming
or boarding house shall be determined by dividing the number of rooms
for roomers and boarders by three.
All waste material which is too large for collection in a
twenty-gallon container. Examples include Christmas trees, furniture,
tanks, stoves, large dead animals, tree trimmings, etc.
All waste material other than ashes or garbage which can
be collected in a twenty-gallon container such as paper, rags, street
sweepings, small dead animals, excelsior, straw, boxes, old clothes
and shoes, leather scraps, pieces of carpet, grass hedge trimmings,
cloth, glass, china, wood, sand, brick, tile, etc.
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, Section
103.)
The containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal of such waste, and
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 Borough.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq.
[Amended 9-6-1994 by Ord. No. 1016; 6-3-1996 by Ord. No.
1053]
A.
All municipal waste, not elsewhere excluded, shall
be collected, conveyed and disposed of by the contractor for the Borough;
provided, however, that the Borough Manager shall require any person
or persons owning or occupying any premises whose accumulated municipal
waste per unit each time of collection is in excess of two twenty-gallon
containers or their equivalent by weight or volume, to personally
collect, convey and dispose of such municipal waste in accordance
with all regulations for collection, conveyance and disposal prescribed
in this article or made by the Borough Council or the Borough Manager,
or to pay such additional fees as may be required for the removal
thereof.
B.
Riffraff items can be disposed of by the Borough contractor
upon the notification of the property owner with the exception of
Christmas trees which shall be collected without the need for prior
notification. With the exception of Christmas trees, riffraff items
shall be considered as additional refuse and shall not be included
as part of the annual service fee of the Borough. Property owners
or occupants of residential units shall also have the option to dispose
of riffraff items through a licensed refuse hauler. The cost of collecting
riffraff items shall be borne by the owner of the property disposing
of the items and shall be paid directly to a licensed refuse hauler
or to the residential contractor of the Borough. Christmas trees shall
be the only riffraff item included as part of the annual service fee
of the Borough and as such can only be collected by the residential
contractor of the Borough.
C.
The cost for the collection service as defined and
provided under this article and as fixed from time to time by the
Council of the Borough of Catasauqua shall be borne and paid for by
the owner of the premises from which the municipal waste is collected.
D.
Proper Borough officers are hereby authorized to contract for the performance of the collection services provided by this article and to award a contract therefor from time to time for such period of time as shall be determined by Borough Council which contract shall require the contractor to assume all responsibility for the collection of all municipal waste in the Borough in accordance with the provisions of this article and regulations, orders and specifications provided under the authority thereof, and to convey, dump and dispose of all such municipal waste in accordance with § 220-4, and to fix and regulate in a manner not inconsistent with the terms of this article, and the manner, method and time of collecting and conveying refuse, the type of equipment required for the purpose and the price to be paid for the performance of said contract and the time or times for the payment thereof.
E.
The collection and disposal of municipal waste in
the Borough of Catasauqua shall be under the supervision of the Borough
Manager. He shall have authority to make regulations concerning the
days of collection, type and location of waste containers and to change
and modify the same after notice as required by law, provided that
such regulations are not contrary to the provisions hereof.
F.
The Borough Manager is authorized to arrange date
schedules for the collection of municipal waste from all units not
excluded in the various categories and sections of the Borough and
shall give public notice thereof. Such schedules shall provide for
two collections for each and every week throughout the year. No collections
shall be made on Sundays or the following holidays: New Year's Day,
Good Friday, Memorial Day, Fourth of July, Labor Day, Thanksgiving
and Christmas. Only one collection shall be made in any week when
one of these holidays falls on a normal collection day.
G.
All persons owning or occupying residential units within the Borough other than those excluded under Subsection A of this section, or § 220-8 of this article, shall dispose of all municipal waste and Christmas trees via the municipal collection service and no person shall transport or dispose of any refuse by any means not approved by this article.
H.
Ownership of garbage, rubbish, ashes or Christmas
trees set out for collection shall be vested in the Borough.
I.
Garbage, ashes and rubbish shall be included in the
regular collection service and it shall not be necessary to separate
these different types of refuse.
J.
The Borough Manager shall notify all occupants of
the days of refuse collection in each area of the Borough. Refuse
may not be set out earlier than 6:00 p.m. the day before the scheduled
day of collection.
K.
Prohibited acts. On and after the date of approval
of this article pursuant to the authority contained in this article:
(1)
It shall be unlawful for any person to place any refuse
in any street, alley or other public place or upon private property,
whether owned by such person or not, within the Borough, except it
be in proper receptacles for collection. No person shall throw or
deposit any refuse in any stream or other body of water.
(2)
It shall be unlawful for any person other than the
occupants of the premises on which refuse receptacles are stored,
or the collector, to remove the covers of any of the refuse receptacles
or to remove the refuse stored in such containers.
(3)
It shall be unlawful to place in any containers provided
for regular collection any wearing apparel, bedding or refuse from
premises where highly infectious or contagious diseases have prevailed,
or any highly inflammable or explosive refuse.
(4)
It shall be unlawful to haul refuse over the streets
of the Borough of Catasauqua in any vehicle other than a watertight
vehicle provided with a tight cover so as to prevent offensive odors
from escaping therefrom and refuse from being blown, dropped, or spilled
therefrom. No refuse shall be dumped or disposed of within the limits
of the Borough.
(5)
It shall be unlawful for any person to allow any accumulation
of refuse on any premises in the Borough other than for the purpose
of collection in the manner provided by this article or by special
regulation of Borough Council. Any unauthorized accumulation of refuse
on any premises is hereby declared to be a nuisance and is prohibited.
(6)
Except during the time allowed by this article for
the placement of containers for collection, no trash container, refuse
container or recycling container shall be placed or stored on any
property so as to be visible from the street in front of the property.
(7)
All
furniture, materials and other similar products designed, built and
manufactured exclusively for indoor living use shall not be stored
on exterior porches, in yards or any other part of an exterior property
in residential and nonresidential areas. The storage of automobile
car seats and other non-weather-resistant materials shall also be
prohibited.
[Added 3-7-2011 by Ord. No. 1263]
A.
General.
(1)
It shall be the duty of every owner of property and
every person occupying any dwelling unit, premises or place of business
within 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 wastes which may accumulate
during the intervals between collection of such municipal waste by
an authorized collector.
(2)
It shall be the responsibility of the person occupying
the premises to keep all refuse containers in a sanitary condition.
(3)
All garbage shall have drained from it all free liquids
and shall be wrapped in paper before being placed in refuse containers.
(4)
All rubbish shall be drained of liquid before being
deposited for collection.
(5)
Rubbish or ashes which are not placed in refuse containers
must be secured in some fashion so as to prevent them from blowing
away from the collection point.
(6)
Christmas trees, hedge clippings and similar materials
shall be cut to lengths not to exceed three feet and shall be securely
tied in bundles not more than two feet thick before being offered
for regular collection.
(7)
Rifraff items can be disposed of by the Borough contractor
upon the notification of the property owner with the exception of
Christmas trees which shall be collected without the need for prior
notification. With the exception of Christmas trees, riffraff items
shall be considered as additional refuse and shall not be included
as part of the annual service fee of the Borough. Property owners
or occupants of residential units shall also have the option to dispose
of riffraff items through a licensed refuse hauler. The cost of collecting
riffraff items shall be borne by the owner of the property disposing
of the items and shall be paid directly to a licensed hauler or to
the contractor of the Borough. Christmas trees shall be the only riffraff
item included as part of the annual service fee of the Borough and
as such can only be collected by the contractor of the Borough. If
the property owner or occupant of a residential unit wishes to have
riffraff items collected by the contractor of the Borough, he can
make arrangements for collection by calling the Borough Hall.
(8)
The removal of wearing apparel, bedding or other refuse
from premises where highly infectious or contagious diseases have
prevailed shall be performed under the supervision and direction of
the Board of Health. Occupants of premises containing such refuse
shall contact the Borough Manager to arrange for such removal.
(9)
Highly inflammable or explosive refuse may not be
offered for regular collection. Occupants of premises containing such
refuse must contact the Borough Manager to arrange for removal at
the expense of the occupant.
(10)
Any refuse container which does not conform
to these regulations or which has ragged or sharp edges or any other
defect liable to hamper or injure the collector shall be promptly
replaced. Failure to comply within 10 days will result in the removal
of the defective container as refuse.
(11)
Emptied containers shall be removed from their
collection point by the owner or occupant by 12:00 noon the day of
collection.
B.
Storage on residential properties.
(1)
Containers. All municipal waste accumulated by owners
of each 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.
The size of each such container shall not exceed a twenty-gallon capacity.
(2)
Location of containers. Each municipal waste container
shall be located so as to be accessible to the collector at ground
level and at a point on the curb line of the street, or within no
less than 10 feet of the public street or alley right-of-way from
which collection from a vehicle can be made. Failure to place containers
at such locations may result in discontinuance of service.
C.
Storage on commercial, institutional and industrial
properties.
(1)
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
where the accumulation for each commercial, institutional or industrial
property precludes their use, in which case such owner or occupant
shall make special arrangements with the authorized collector for
the storing of such additional quantities. Such special arrangements
shall include the following:
(a)
The type of special bulk container to be furnished
by the collector and as may be approved by the Borough.
(b)
The number of such containers shall be agreed
to between the collector and such owner or occupant of the commercial,
institutional or industrial property to be used in any collection
period.
(2)
Location of containers. Containers for collection
at commercial, institutional and industrial properties shall be located
on such premises at a place agreed upon by such owner or occupant
of the commercial, institutional or industrial property and the authorized
collector and shall not be unsatisfactory to the Borough. Such location
shall not interfere with public or private sidewalks, walkways, driveways,
roads, streets, highways or entrances and exits of public or private
buildings.
A.
It shall be unlawful for any person, other than such
persons as are duly authorized by the Borough, to collect and transport
solid waste of any nature as a regular hauling business within or
from the Borough. Authorization shall be given only as set forth below.
B.
Authorization to collect, transport and dispose of
municipal waste for persons other than one's self may be given only
by the Borough through the issuance of a license. All applications
for licensing shall be reviewed by the Borough Manager and shall be
approved in accordance with the following:
(1)
Municipal solid waste collection licenses may be issued
only to those persons who can provide satisfactory evidence that they
are capable of providing the necessary services and can comply with
the provisions and intent of this article. The municipality reserves
the right to disapprove any application for license.
(2)
Applicants for a municipal solid waste collection
license must furnish the following information:
(a)
The number of vehicles, and the make, model,
license plate number and size of the vehicle, to be used for collection
and transportation.
(b)
The location, address and telephone number of
the business office of the applicant.
(c)
A certificate of the applicant's workmen's compensation
insurance as required by law.
(d)
A certificate of insurance coverage providing
complete third party comprehensive, bodily injury and property damage,
liability insurance, the limits of which shall be uniformly determined
by the Borough Solicitor.
(e)
Any other information which the Borough may
request and deem necessary prior to the issuance of a license.
(3)
Licenses shall be issued on a calendar year basis,
but may be revoked at any time by the Borough for just cause.
Any person transporting solid waste within the
Borough shall prevent or remedy any spillage from vehicles or containers
used in the transport of such solid waste.
A.
All municipal waste produced, collected and transported
from within the jurisdictional limits of the Borough 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. In the absence of such designated
facilities and/or such currently effective Solid Waste Management
Plan of the Borough, the Borough reserves the right to designate a
state-permitted facility of its choice or require that disposal be
at a state-permitted facility of the authorized collector's choice.
B.
If the Borough designated the disposal facilities
as provided for above, all authorized collectors and other interested
persons shall be informed by the Borough Manager 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 of from within the Borough.
C.
This article shall govern all municipal waste including
nonresidential and residential municipal waste excluded from collection
by the Borough's collector.
[Amended 12-28-1987 by Ord. No. 925]
A.
Nothing contained herein shall be deemed to prohibit
any person 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.
B.
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
wastes.
C.
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 wastes
as defined by the Pennsylvania Solid Waste Management Act.
D.
Residential units.
(1)
The following residential units may be excluded for
collection by the Borough's collector at the owner's option upon notification
in writing to the Borough Manager:
(2)
Where a property owner elects to have the residential municipal waste excluded under the provisions of this section, the units will be removed from the Borough's collection effective January 1 of the collection year following the date of election by the property owner. Each year thereafter the property owner shall submit a signed copy of an agreement with a private authorized hauler to maintain the exclusion. The affected units will remain governed by § 220-7 for disposal.
E.
It is the intent of this article to regulate and provide
for the collection of municipal waste from residential units only.
The collection of all municipal waste generated from nonresidential
units including, but not limited to, commercial, industrial and institutional
establishments shall not be governed by the provisions of this article
with respect to collection. All other provisions including the licensing
and regulating of haulers of nonresidential municipal waste, the storage
and disposal of nonresidential municipal waste shall be regulated
by this article.
F.
Grass clippings, when used for composting, shall be
excluded from the provisions of this article.
[Amended 12-28-1987 by Ord. No. 925]
A.
The fees for the collection and disposal of municipal
waste from all units collected under this article shall be as set
by resolution of Borough Council,[1] per unit, provided that there be not more than an average
accumulation of two twenty-gallon containers of municipal waste per
unit per collection. Public notice of the fee schedule shall be made
by the Borough Manager upon revision thereto and not less frequently
than annually.
B.
For purposes of billing, a single-family dwelling
shall be billed as one unit, a double-family dwelling shall be billed
as two units, apartment or multifamily dwellings shall be billed for
as many units as the number of apartment or family units contained
therein, and rooming/boarding houses shall be billed for the calculated
number of residential units contained therein. The remaining uses
listed in the definition of "residential units" shall each be billed
as one unit. If there is a combination of any of the aforesaid residential
units as defined, they shall be billed cumulatively.
C.
Payment.
(1)
All bills for the collection and disposal service
provided under this article shall be rendered annually and shall thereupon
be due and payable in accordance with the schedule set forth herein.
(2)
The total annual bill shall be presented on January
1 of each year. The total annual bill shall be due and payable in
three equal periodic installments, with the installments due on the
last day of February, April and June, respectively. All accounts shall
be considered delinquent if the installment is not paid by the due
date for that installment, and accounts which are considered delinquent
shall be subject to a penalty of 15% of the amount of the installment
which is considered delinquent. If a delinquent account is not paid
by July 1 of the year for which the bill is presented, the Borough
Manager shall refer the account to the Borough Solicitor with instructions
to proceed for the collection of such unpaid charges, together with
all penalties thereon, by an action in assumpsit or, at the election
of the Borough, in any other manner provided by law for the collection
of a municipal claim.
(3)
Any property owner may elect to pay the full annual
bill in one installment by the last day of February. Any property
owner who elects to so pay the annual bill shall be entitled to a
discount equal to 5% of the current year's annual bill, which discount
shall be deducted from the amount paid by the property owner. No property
owner shall be entitled to the aforementioned discount if the total
bill is not paid in full by the last day of February.
D.
Senior citizens who qualify shall be entitled to a
discount on the refuse bill for the unit in which they reside only,
of an amount as set by resolution of Borough Council.[2] To qualify, senior citizens must:
(1)
Be in excess of 62 years of age as of 1/1 of the year
in which the discount is requested;
(2)
Live alone or with a spouse only; senior citizens
living with other family members shall not be eligible;
(3)
Own the home in which they are residing;
(4)
Meet income requirements as set by resolution of Council.
[2]
Editor's Note: The current resolution, containing
the amount of the discount and income and eligibility requirements,
is on file in the Borough offices. Said resolution may contain additional
eligibility requirements.
A.
Any person violating any of the provisions of this
article or of any regulations made by Council or the Borough Manager
under the provisions hereof shall, upon conviction by a District Justice,
be subject to a fine of not less than $100 and not more than $300,
together with the costs of prosecution and imprisonment in the Lehigh
County jail for a period of not more than 30 days. Every violator
of the provisions of this article shall be deemed guilty of a separate
offense for each and every day such violation shall continue and shall
be subject to the penalty imposed by this section for each and every
such separate offense.
B.
In addition to the foregoing penalty, the Borough
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 written notice, 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.
C.
Any person found guilty of violating an ordinance shall be assessed
court costs and reasonable attorneys’ fees incurred by the Borough
in the enforcement proceedings.
[Added 4-1-2013 by Ord.
No. 1288]
A.
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.
B.
This article or any part thereof may be amended from
time to time in accordance with the procedures established by law.
[Adopted 10-4-1993 by Ord. No. 1004 (Ch.
VIII, Part 2, of the 1962 Code)]
A.
Title. This article shall be known as the "Borough
of Catasauqua Mandatory Recycling Ordinance."
B.
Construction.
(1)
The various headings used throughout this article
are intended only as an aid to its organization, in order to facilitate
ease of reading and are not to be considered a substantive part of
this article.
C.
Effective date. Mandatory recycling for all residential
dwellings in the Borough of Catasauqua shall commence 30 days after
the enactment of this article.
The following words and phrases, when appearing
in the text of this article, shall have the meaning given to them
in this section, unless the context clearly indicates otherwise:
Any empty containers used for food or beverage, consisting
entirely of aluminum.
Empty containers consisting of either steel only or steel
and aluminum, which were used to contain either food or beverage or
both.
The Borough of Catasauqua, Lehigh County, Pennsylvania, including
the Borough Council, Borough Manager, the Borough staff and others
when duly authorized.
Any paper which has a shiny or glossy finish or appearance,
resulting from treatment of the surface or application of a coating
of kaolin, clay or other chemicals. The term includes the advertising
inserts which are often intermingled or distributed with newspapers.
All business, commercial, education, industrial, institutional
or municipal establishments and community activities and all multifamily
housing of 11 or more residential dwellings. If any commercial activity
occurs in a residential establishment, the entire establishment shall
be deemed a commercial property.
The fabricated or manufactured structural paper material
with an inner core shaped in rigid parallel furrows and ridges, with
one or more outer liners, often consisting of a material known as
kraft paper.
The following location on the adjoining public street or
road, and where the Borough usually picks up garbage:
On or just in back of the curb or curbline at
the edge of the cartway, for streets or roads which have curbs.
For streets or roads which do not have curbs,
within reasonable safe proximity of the paved cartway.
As otherwise established by regulation of the
Borough Manager, where the above locations are not clear or satisfactory.
The regularly scheduled Borough operation which provides
labor, equipment and services to collect recyclable materials from
the curbside of designated residential establishments within the Borough.
Bottles and jars made of clear, green or brown glass. Excluded
are plate glass, automotive glass, blue glass and porcelain and ceramic
products.
Any white paper of the type commonly used for letter writing,
stationery, note paper, plain paper for photocopying machines, computer
printers and other general purpose paper, whether or not any printed
or written matter is contained thereon. It does not include newspaper,
magazines, corrugated paper or any coated paper.
Includes, but is not limited to, automotive, truck and industrial
batteries that contain lead.
Leaves from trees, bushes and all other plants, garden residues,
shrubbery, tree trimmings and similar material but not including grass
clippings.
Printed matter on coated paper containing miscellaneous written
pieces published at fixed or varying intervals, also known as periodicals
and includes telephone directories. Expressly excluded are newspaper
and all other paper products of any nature whatsoever.
Any 11 or more condominiums, apartments or other residential
dwellings, regardless of the form of ownership, tenancy or other physical
arrangement of the structure, which are owned under a single deed.
Paper of the type commonly referred to as newsprint and distributed
at fixed intervals, having printed thereon news and opinions, containing
advertisements and other matters of public interest. Expressly excluded
are advertising inserts printed on coated paper which are often distributed
or intermingled with newspapers.
The plastic rings or similar plastic connectors used as holding
devices in the packaging of beverages including, but not limited to,
all carbonated beverages, liquors, wines, fruit juices, mineral waters,
soda and beer.
Containers of all varieties, types and chemical compositions
of plastic.
Materials identified by the Borough to be recycled including,
but not limited to, the materials listed in § 1501 of Act
101.[1]
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 rules, regulations, standards, specifications, orders,
licenses, permits, interpretations, schedules, zones, routes and waivers
established from time to time by the Borough pursuant to the authority
of this article. Such regulations shall be deemed to be a part of
this article and included by reference as if written herein.
A single-family dwelling.
Each structure containing 10 or fewer dwelling
units.
These definitions shall apply regardless of
either the form of ownership or tenancy, or the physical arrangement
of the structure. If any commercial activity occurs in a residential
establishment, except for a home occupation or business office in
the home for an off-premises business as provided for and approved
by the Zoning Ordinance[2] and/or the Zoning Hearing Board, the entire establishment
shall be deemed to be a commercial activity.
To separate recyclable materials from municipal solid waste
for the purpose of recycling.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed, whether municipal, residual or hazardous waste or otherwise.
The term does not include source separated recyclable materials or
materials approved by the Department for beneficial use.
The following materials are hereby designated
as "recyclable materials" within the Borough of Catasauqua:
A.
Residential. For all residential establishments, including
multifamily housing, as defined by this article:
A.
Recyclable materials. Every person in the Borough of Catasauqua shall be required to separate each of the recyclable materials listed in § 220-14, Recyclable materials, of this article, in accordance with the use of property occupied by such person for the purpose of recycling, from all of the other municipal solid waste and other waste generated by that person. No person may dispose of recyclable materials with any other municipal solid waste or other waste.
B.
Batteries. Lead acid batteries shall not be disposed
of or included with any municipal solid waste or recyclable materials.
Lead acid batteries shall be disposed only in accordance with § 1510
of Act 101 and otherwise prevailing commonwealth law and regulations.
C.
Plastic beverage carriers. Plastic beverage carriers
which are not degradable shall not be used, as required by § 1701(c)
of Act 101.
D.
Other waste. All other municipal solid waste and other
waste materials, whether residual, hazardous or otherwise, shall be
generated, stored, separated, placed, collected and disposed of in
accordance with all applicable federal, commonwealth, county and Borough
laws, ordinances, rules, regulations, specifications, standards, orders,
permits and licenses.
All persons owning, occupying or operating residential
establishments within the Borough of Catasauqua shall comply with
the following requirements:
A.
Separation. Separate the recyclable materials and
maintain the materials in the separated condition until collected
by the Borough. The separation shall be performed by the time those
materials are placed at curbside for collection.
B.
Preparation. Prepare for recycling all of the recyclable
materials generated by that person, in accordance with the regulations
for each respective material as established by the Borough, by the
time that those recyclable materials are placed for collection, and
maintain those materials in that condition.
C.
Recycling containers. Place recyclable materials in
the separate official Borough of Catasauqua recycling container or
other containers authorized by the Borough, in accordance with regulations
established by the Borough. Each residential establishment shall acquire
and use a set of the official Borough of Catasauqua recycling containers
for this purpose.
D.
Placement and time. Each recyclable materials, in
their proper recycling containers, shall be placed or set out at curbside,
and empty recycling containers shall be removed from curbside on the
scheduled day for collection, in accordance with the times and schedules
established by the Borough.
One set of recycling containers shall be acquired
by each residential establishment, except multifamily housing. The
Borough shall have the power to require that each recycling container
be identified with the residential establishment to which it is assigned.
A.
Purchase fee amount. A purchase fee as set from time
to time by resolution of Borough Council[1] per each recycling container (or for the official set
of two containers) is hereby established, to provide for the replacement
of each of the Borough's official recycling containers. The amount
of the purchase fee shall be set and may be subsequently changed from
time to time by resolution of Borough Council and shall be adequate
in amount to reimburse the Borough for the cost of purchasing or replacement
for any such container.[2]
B.
Time of purchase and payment. The purchase fee shall
be paid to the Borough for all official Borough of Catasauqua recycling
containers which are supplied to the residential establishments after
the effective date of this article.
C.
Loss, theft or damage.
(1)
The owner, occupant and operator of each residential
establishment is responsible for and shall bear the risk of loss,
theft or damage to the official recycling containers supplied for
the use of that establishment.
(2)
If any official recycling container for a residential
establishment is either lost, stolen or damaged, the owner, occupant
or operator shall pay a replacement cost to the Borough for replacement
in kind of the official recycling container, which shall be the same
as the purchase fee amount, as otherwise specified in this section.
A.
Duty to collect. The Borough shall collect and transport
any designated recyclable materials which have been properly prepared,
separated and placed at curbside in time for collection on the scheduled
date or brought to a designated drop off center. The Borough shall
have no obligation to collect any materials which do not conform to
this article or regulations. Catasauqua shall collect all recyclable
materials which are placed at curbside by each residential establishment,
except multifamily housing, on at least one occasion per calendar
month, in accordance with zones and schedules established by the Borough
Manager.
B.
Curbside recycling program. The Borough of Catasauqua
shall collect recyclable materials designated for curbside collection
which are placed at curbside by each residential establishment, except
multifamily housing, on at least one occasion per calendar month.
The Borough Manager shall establish zones, schedules and materials
to be collected.
C.
Drop off centers. The Borough may operate "drop off" centers at various locations within the Borough for the collection of recyclable materials as designated by § 220-14 of this article. The Borough shall establish the location, operating hours, recyclable materials accepted and other details of the operation of the drop off centers.
D.
Leaf waste. The Borough of Catasauqua shall collect
leaf waste during the months of October, November and December of
each calendar year, weather permitting, in accordance with a schedule
established by the Borough Manager.
E.
Sale and marketing.
(1)
Recyclable materials that are collected shall be recycled
unless markets for them do not exist.
(2)
The Borough shall transport, process, sell, market
and dispose of all recyclable materials collected by the Borough in
any manner that the Borough Manager sees fit, in his discretion, except
that there shall be no cash transactions involving recyclable materials.
(3)
The Borough Manager shall establish and keep necessary
records and report at least annually to Borough Council the quantity,
price, total amount and to whom the recyclable materials are sold,
processed, marketed or disposed.
(4)
The Borough shall accord consideration for the collection,
marketing and disposition of recyclable materials to persons engaged
in the business of recycling on the effective date of Act 101, whether
or not the persons were operating for profit, as required by § 1501(f)
of Act 101.
(5)
Dealers that market the Borough's recyclable materials
must provide written documentation that either said materials are
recycled or that markets for those materials do not exist.
F.
Borough organization. The Borough Manager shall establish
an appropriate administrative organization and system for the collection,
transportation, separation, processing, sale, marketing and disposition
of recyclable materials in accordance with this article.
G.
Contracting out. Nothing in this article shall prohibit
the Borough from entering into agreements or contracts with any person
or agency to collect, separate and/or market recyclable materials
from within the Borough.
(1)
Power. The Borough shall have the power to enter into
contracts with other persons for the collection, transportation, separation,
processing, sale, marketing or disposition of materials as required
by Act 101 and this article.
(2)
Allocation of functions. Any such contract shall state
in writing which functions, rights and duties of the Borough under
this article are to be performed by the contracting person and which
functions, rights and duties are to remain with the Borough.
(3)
Substitution and interpretation. To the extent that
any contracting person takes the place of the Borough of Catasauqua
in the performance of functions, rights and duties under this article,
"Borough of Catasauqua" and "Borough" shall be deemed to mean that
contracting person.
(4)
Responsibility. A person who enters into a contract
under this subsection shall be responsible with the Borough of Catasauqua
for implementation of this article, to the extent of such contract.
All recyclable materials shall become property of and shall be owned by the Borough of Catasauqua, or its authorized agents or contractors when such materials are picked up from the curbside or delivered to the drop off center. Nothing in this article shall be deemed to impair the ownership of recyclable materials by the person who generated them before such pickup or delivery. Collections of recyclable materials by persons not authorized by the Borough is prohibited by Article I of this chapter, as the same may be amended.
All multifamily housing, as defined in this
article, shall recycle all recyclable materials generated by either
of the two following methods:
A.
Contract. Contracting with a commercial solid waste
hauler or otherwise providing for the recycling, as defined by Act
101, of all of the recyclable materials generated within that multifamily
housing, in accordance with this article.
B.
On-site system. Multifamily rental housing properties
may establish a collection system for recyclable material at each
property, as required by § 1501(c)(1)(ii) of Act 101, which
collection system shall consist of the following:
(1)
Suitable containers for collecting and sorting material.
(2)
Easily accessible locations for the containers.
(3)
Written instructions to the occupants concerning the
use and availability of the collection.
(4)
The Borough may establish regulations defining compliance
with these requirements.
(5)
Owners, landlords and agents of owners and landlords
who comply with this subsection shall not be liable for the noncompliance
of the occupants of their buildings.
A.
Recycling. Every person owning, occupying or operating a commercial activity, as defined by this article, within the Borough of Catasauqua shall comply with this article by separating and storing in enclosed building or closed container or as otherwise approved by the Borough, until collection for recycling, by contract with a commercial solid waste hauler or otherwise, all of the recyclable materials designated in § 220-14B of this article which are generated by that commercial activity.
B.
Exemption report.
(1)
Persons occupying business, commercial, education,
industrial, institutional and municipal establishments shall be exempt
from this article if those persons have, by contract with a commercial
solid waste hauler or otherwise, provided for the recycling of the
designated recyclable materials. Community activities may not be exempted.
(2)
To be eligible for this exemption, a business, commercial,
educational, industrial, institutional and municipal establishment
must annually provide written documentation to the Borough of the
total of tons recycled.
C.
Compliance with hauler regulations. If a commercial
solid waste hauler is contracted, engaged or hired for recycling,
then the commercial activity shall comply with all regulations of
the commercial solid waste hauler for recyclable materials with regard
to the following:
D.
Violation of these regulations shall be reported to
the Borough and the persons owning, occupying or operating the commercial
activity which commits a violation shall be subject to the penalties
provided by this article.
Any commercial solid waste hauler contracted,
engaged or hired for recycling in the Borough of Catasauqua shall
comply with the following requirements:
A.
Licensing. Every commercial solid waste hauler shall be licensed by the Borough of Catasauqua as required by Article I of this chapter.
B.
Comply with laws. Every commercial solid waste hauler
shall comply with this article, Act 101 and all other applicable laws
and regulations.
C.
Separation. Every commercial solid waste hauler shall
keep the several types of recyclable materials which are designated
for collection and collected separate from each other, unless the
hauler can demonstrate in writing that a market exists for the commingled
recyclable materials.
D.
Recycling. Every commercial solid waste hauler shall
either:
E.
Quarterly reports. Every commercial solid waste hauler
shall submit quarterly reports to the Borough. Reports shall be submitted
within two months of the end of each quarter. Each report shall state
for that quarter:
(1)
The quantity of tons of each recyclable material collected
by that hauler in the Borough of Catasauqua.
(2)
The total quantity in tons of all garbage, trash and
refuse collected by that hauler in the Borough of Catasauqua.
(3)
To whom or where and how each recyclable material
was sold or delivered for processing or recycling.
(4)
Reporting noncompliance. Every commercial solid waste
hauler shall report all instances of apparent noncompliance, with
either this article or its regulations, to the Borough within 72 hours
of becoming aware of that noncompliance.
A.
Regulations. The Borough Manager shall have the power
to establish regulations for the following parts of the Borough's
recycling program, including any subsequent changes and amendments
which shall become effective 30 days after public advertisement, provided
that the Borough Council concurs with the proposed regulations by
resolution:
(1)
Plastic containers: varieties, types and chemical
compositions to be collected for recycling, both in the Borough's
curbside recycling program and at any drop off centers, or otherwise
disposed in municipal solid waste.
(2)
Designation of those materials to be collected at
curbside.
(3)
Separating, preparation of, placing and combining
recyclable materials in the official Borough recycling bins.
(4)
Exact locations for curbside pickup, where those locations
are not established or otherwise unsatisfactory.
(5)
Zones, routes and schedules for collection days.
(6)
Times to set out and bring in the official Borough
recycling bins.
(7)
Drop off center locations, operating hours, materials
accepted and other details.
B.
Suspension.
(1)
Less than 30 days. The Borough Manager shall have
the power to alter or suspend any such regulation in the event of
good cause shown or emergency including, but not limited to, snow
storms and floods, without prior notice, for a period not longer than
30 days.
(2)
Longer than 30 days. Any alteration or suspension
existing longer than 30 days shall require the express concurrence
of the Borough Council.
A.
Notice. The Borough of Catasauqua shall notify the
occupants of residential establishments and commercial, institutional
and municipal establishments within the boundaries of the Borough,
of the requirements of this article.
B.
Timing. Notification shall occur at least 30 days
prior to the initiation of the mandatory recycling program and at
least once every six months thereafter.
C.
Education programs. Education programs shall be furnished
periodically or upon request through the schools and other organizations.
D.
Other methods. The Borough Manager shall have the
power to comply with the public information and education requirements
of Act 101, as may be satisfactory and adequate in the circumstances.
Any person seeking to establish a recycling
facility within the boundaries of the Borough of Catasauqua must first
obtain all necessary approvals in accordance with the terms and conditions
the Borough of Catasauqua Zoning Ordinance,[1] as subsequently amended from time to time, and must obtain
all necessary approval and permits from any federal, state, county
or local agency having jurisdiction.
The Borough Manager shall be responsible for
monitoring and enforcing compliance with this article and regulations.
A.
Incentives.
(1)
The Borough Manager shall have the power to establish
incentives to promote compliance with this article, as may be appropriate
from time to time. The Borough Manager shall report at least annually
on the incentives which have been established and when and to whom
those incentives have been granted.
(2)
Procurement options. The Borough may utilize the provisions
of Act 101, § 1507, "Procurement Procedures for Local Public
Agencies," and § 1508, "Procurement Options for Local Public
Agencies and Commonwealth Agencies," if the Borough elects to do so.
B.
Administrative action and enforcement. For violations
of this article by either the owners, occupants or operators of residential
establishments, the Borough shall comply with the following administrative
actions and enforcement procedures before commencing any action before
the District Judges:
(1)
Tagging. For the first two violations by the same
person (owner, occupant and/or operator) within any consecutive twelve-month
period, commencing on the date of the first violation and which shall
be separate violations on different dates, any municipal solid waste
or recyclable material which does not comply with the provisions of
this article shall be left at curbside and shall be tagged with instructions
on proper recycling. The address at which the violation occurs shall
be recorded by the Borough.
(2)
Letter. For the third separate violation on a different
date within any consecutive twelve-month period, the owner, occupant
or operator shall be notified by registered letter of the penalties
for continued noncompliance with this article.
C.
Enforcement before District Justice.
(1)
Any commercial activity, as defined by this article;
or commercial solid waste hauler; or any owner, occupant or operator
of a residential establishment who has been previously subjected to
all of the administrative action and enforcement procedures of this
section within the twelve-month period as set forth above.
(2)
Each day that a violation of this article continues
shall be deemed to be a separate violation. Each violation shall be
deemed to be a separate violation.
(3)
Shall, upon conviction by a District Justice, be subject
to a fine of not less than $100 and not more than $300, together with
the costs of prosecution and imprisonment in the Lehigh Jail for a
period of not more than 30 days. Every violator of the provisions
of this article shall be deemed guilty of a separate offense for each
and every day such violation shall continue and shall be subject to
the penalty imposed by this section for each and every such separate
offense.
(4)
Any person found guilty of violating an ordinance shall be assessed
court costs and reasonable attorneys’ fees incurred by the Borough
in the enforcement proceedings.
[Added 4-1-2013 by Ord.
No. 1288]
