[HISTORY: Adopted by the Board of Commissioners of the Township of Bethlehem as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-10-1986 by Ord. No. 3-86 (Ch. 20, Part 1, of the 1988 Code)]
This article shall be known as the "Township of Bethlehem Municipal Solid Waste Ordinance."
[Amended 8-13-1990 by Ord. No. 12-90]
As used in this article, the following terms shall have the meanings indicated:
- The Pennsylvania Act 101 of 1988 known as the "Municipal Waste Planning, Recycling and Waste Reduction Act."
- A person desirous of being authorized as a "collector."
- A person authorized to collect, transport, and dispose of Township waste from the Township of Bethlehem.
- COMMERCIAL ESTABLISHMENT
- Any establishment engaged in a nonmanufacturing or nonprocessing business, including but not limited to, stores, markets, office buildings, restaurants, shopping centers, and theaters.
- A location readily acceptable to an authorized collector adjacent to the curb or adjacent to the roadway if there is no curb where each person affected by this article places recyclables for collection.
- DESIGNATED RECYCLABLE FOR CURBSIDE COLLECTION
- Those recyclable materials which must be separated from other municipal waste and placed at the curbside for collection according to the recycling regulations established and from time to time revised by Bethlehem Township.
- The incineration, deposition, injection, dumping, spilling, leaking, or placing of Township 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.
- DISPOSAL SITE
- Any site, facility, location, area, or premises to be used for the disposal of Township waste.
- All animal and vegetable wastes attending or resulting from the handling, dealing, storing, preparation, cooking, and consumption of foods.
- HOUSEHOLD STORAGE CONTAINERS
- The standardized containers issued or approved by Bethlehem Township for the purpose of collecting, storing and placing recyclables at the curbside for collection by an authorized collector.
- INDUSTRIAL ESTABLISHMENTS
- Any establishment engaged in manufacturing or processing, including but not limited to, factories, foundries, mills, processing plants, refineries, and the like.
- INSTITUTIONAL ESTABLISHMENT
- Any establishment engaged in service to persons, including but not limited to, hospitals, nursing homes, orphanages, schools, and universities.
- LEAF WASTE
- Leaves, garden residue, shrubbery and tree trimmings and similar material, but not including grass clippings.
- The entire process or any part thereof, or storage, collection, transportation, processing treatment, and disposal of Township waste by any person engaging in such process.
- MUNICIPAL OFFICIAL
- That person empowered by Bethlehem Township to issue and from time to time revise solid waste and recycling regulations.
- 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 from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility (Pennsylvania Solid Waste Management Act 97, Section 103).
- Any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
- RECYCLING PROGRAM
- The curbside collection program and leaf collection program established by Bethlehem Township pursuant to this article and recycling regulations.
- RECYCLING REGULATIONS
- Those regulations issued and from time to time revised by Bethlehem Township setting forth specific requirements for the recycling program.
General. It shall be the duty of every owner of property and every person occupying any dwelling unit, premises or place of business within the Township of Bethlehem where municipal waste is produced and is accumulated, by his own expense and cost, to contract with an authorized collector to remove all municipal waste from the dwelling unit, premises or place of business and to provide and keep at all times, a sufficient number of containers to hold all municipal waste which may accumulate during the intervals between collection of such municipal waste by the authorized collector.
[Amended 10-18-2010 by Ord. No. 05-10]
Storage of residential properties.
Containers. All Township 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 thirty-gallon capacity. However, large containers designed for use with special hoisting equipment may be used if the collector serving the residence uses collection vehicles with such special hoisting equipment.
Location of containers. Each Township waste container shall be located so as to be accessible to the collector at ground level and at a point on the curbline 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.
Storage on commercial, institutional and industrial properties.
Containers. Storage of Township 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 Township wastes. Such containers shall be kept in good working order.
Location of containers. Containers for collection at commercial, institutional and industrial properties shall be located on such premises at a place which shall not interfere with public or private sidewalks, driveways, roads, streets, highways or entrances and exits or public or private buildings.
Time of collection. It shall be unlawful for a collector to collect garbage or refuse before 6:00 a.m. or after 8:00 p.m.
Editor's Note: Former § 212-4, Authorization of collectors, as amended, was repealed 1-2-2018 by Ord. No. 01-18.
Prevention of spillage. Any person transporting solid waste within the Township of Bethlehem shall prevent or remedy any spillage from vehicles or containers used in the transport of such solid waste.
Designated facilities. All Township waste produced, collected, and transported from within the jurisdictional limits of the Township of Bethlehem shall be, to the extent permitted by law, disposed of at disposal facilities designed by the Township of Bethlehem and in accordance with any currently effective Solid Waste Management Plan of the Township of Bethlehem. In the absence of such designated facilities and/or such currently effective Solid Waste Management Plan, Township waste from the Township of Bethlehem must be disposed of at a state-permitted facility.
Notice to collectors. If the Township of Bethlehem designates the disposal facilities as provided for 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 Township waste collected, transported, removed, and disposed.
Individuals not engaged in collection. Nothing contained herein shall be deemed to prohibit any residential property occupant not regularly engaged in the business of collecting Township waste from hauling his own Township waste from hauling his own Township waste on an irregular and unscheduled basis, to a state-permitted disposal facility.
Farming activities. 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.
Hazardous and residual waste. The provisions of this article do not apply to anything but the storage, collection, transportation, and disposal of Township waste and do not apply, therefore, to hazardous or residual waste as defined by the Pennsylvania Solid Waste Management Act.
[Amended 8-15-1988 by Ord. No. 8-88]
Penalty. Any person violating any of the provisions of this article shall, upon conviction a Magisterial District Judge, be subject to a fine of not less than $100 nor more than $300 together with the costs of prosecution, and/or imprisonment for a period of not more than 90 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 § 212-8 for each and every such separate offense.
Additional remedies. In addition to the foregoing penalty, the Township of Bethlehem 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 Township of Bethlehem 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.
Abatement. The imposition of the penalties herein prescribed shall not preclude the Township of Bethlehem 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.
[Adopted 2-16-2009 by Ord. No. 02-09]
This article shall be known as the "Bethlehem Township Municipal Waste Collection and Recycling Ordinance."
All terms not separately defined in this article but which are defined in the Act of July 7, 1980, P.L. 380, No. 97 ("Act 97 of 1980"), the Solid Waste Management Act, as amended, 35 P.S. § 6018.101 et seq., as amended, and/or the Act of July 28, 1988, P.L. 556, No. 101 ("Act 101 of 1988"), the Municipal Waste Planning, Recycling and Waste Reduction Act, as amended, 53 P.S. § 4000.101 et seq., as amended, shall have the meanings ascribed to such terms in said Acts.
As used in this article, the following terms shall have the following meanings:
- ACT 90
- The Waste Transportation Safety Act of 2002, as amended, 27 Pa.C.S.A. § 6201 et seq., as amended.
- ACT 97
- The Solid Waste Management Act of 1980, as amended, 35 P.S. § 6018.101 et seq., as amended.
- ACT 101
- The Municipal Waste Planning, Recycling and Waste Reduction Act of 1988, as amended, 53 P.S. § 4000.101 et seq., as amended.
- Empty, all-aluminum beverage and food containers, commonly known as "aluminum cans."
- BIMETAL CANS
- Empty food or beverage containers constructed of a mixture of ferrous metal, usually steel, and nonferrous metal, usually tin.
- BULK ITEMS
- Any large durable goods such as refrigerators, washing machines, window air conditioners, hot-water heaters, dishwashers and any other major home appliances in addition to other large bulk items such as dressers, beds, mattresses, sofas, television sets and other large household items.
- Collectively, "commercial establishments," "institutional establishments" and "municipal establishments," as defined herein.
- COMMERCIAL ESTABLISHMENT
- An establishment engaged in nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters.
- COMMUNITY ACTIVITIES
- Events sponsored in whole or in part by a municipality, or conducted within a municipality and sponsored privately, which include, but are not limited to, fairs, bazaars, socials, picnics and organized sporting events that will be attended by 200 or more individuals per day.
- CORRUGATED PAPER
- Paper products made of a stiff, moderately thick paper board, containing folds or alternating ridges, commonly known as "cardboard."
- Products made from silica or sand, soda ash and limestone. The product may be transparent (clear) or colored (e.g., brown or green) and used as a container for packaging (e.g., jars) or bottling of various matter. Expressly excluded are noncontainer glass, window or plate glass, light bulbs, blue glass and porcelain and ceramic products.
- GRASS CLIPPINGS
- The material bagged or raked during or after cutting of a lawn, field or similar grassed area.
- HIGH-GRADE OFFICE PAPER
- All types of high-grade, white or colored paper, bond paper and computer paper used in commercial, institutional, business, office and municipal establishments.
- HOSPITALITY ESTABLISHMENT
- A commercial establishment that includes restaurants, hotels, taverns and other commercial establishment that has a PLCB liquor license.
- HOUSEHOLD HAZARDOUS WASTE
- Small quantities of hazardous waste (as defined in the Solid Waste Management Act) available to a person or entity on a retail basis, such as pesticides, certain paints, paint thinners and solvents, cleaning agents and automotive products.
- INDUSTRIAL ESTABLISHMENT
- An establishment engaged in manufacturing or processing, including, but not limited to, factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
- INSTITUTIONAL ESTABLISHMENT
- An establishment engaged in service, including, but not limited to, hospitals, nursing homes, orphanages, schools and universities.
- Any individual or organizational owner who rents and/or leases residential units, commercial space or an industrial complex(es). Landlords own the properties in question and deal directly with their tenants or lessees.
- LEAF WASTE
- Leaves, garden residue, twigs, shrubbery trimmings, small tree trimmings and like vegetative matter, but does not include grass clippings.
- MAGAZINES AND PERIODICALS
- Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Such matter typically has a gloss or shine added to the paper. Expressly excluded are all other paper products of any nature whatsoever.
- MIXED PAPER
- All types of paper combinations, such as colored paper, carbonless forms, ledger paper, colored paper envelopes, junk mail, mixtures of high-grade office paper and the like.
- MULTIFAMILY DWELLING
- A building designed for or used as living quarters with four or more individual dwelling units contained therein.
- MUNICIPAL ESTABLISHMENT
- An establishment owned, leased, or otherwise operated by any county, city, borough, town, township, school district, municipal authority, and all other public bodies, authorities, councils of government, officers, agencies or instrumentalities of the foregoing, whether exercising a governmental or proprietary function.
- MUNICIPALITY OR TOWNSHIP
- Bethlehem Township, Northampton County, Pennsylvania.
- MUNICIPAL WASTE
- Any municipal waste as defined by Section 103 of the Solid Waste Management Act, as amended, 35 P.S. § 6018.103 et seq., as amended, and Section 103 of the Municipal Waste Planning, Recycling and Waste Reduction Act, as amended, 53 P.S. § 4000.103, as amended, and any rules and regulations promulgated thereunder.
- MUNICIPAL WASTE COLLECTOR(S)
- Any collector, remover, transporter and/or hauler of municipal waste and/or recyclable materials in the Township. The Township shall be considered a municipal waste collector if it provides manpower and equipment for the collection of municipal waste. The Township reserves the right to enter into contracts with one or more collectors, removers, transporters and/or haulers for one or more components of, and activities relating to, municipal waste and/or recyclable materials.
- Paper of the type commonly referred to as "newsprint" and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest.
- NONCURBSIDE RESIDENTS
- Owners, landlords, and the governing bodies of associations of homeowners of multifamily dwelling units where individual residential waste collection does not occur but where suitable containers or dumpsters for recyclable materials and nonrecyclable materials are provided which are located at easily accessible locations (for example, parking lots) but not necessarily at the curbside of a public street.
- The Pennsylvania Department of Environmental Protection.
- PERSON or ENTITY
- Any individual, firm, partnership, corporation, business, association, institution, cooperative enterprise, trust, municipality, municipal authority, federal institution or agency, state institution or agency (including but not limited to the Department of General Services and the Public School Building Authority), other governmental agency or any other legal entity or group whatsoever which is recognized by law as the subject of rights and duties. In any provision of this article prescribing a fine, penalty or imprisonment or any combination of the foregoing, the term "person" or "entity" shall mean the officers and directors of any corporation or other legal entity having officers and directors.
- PLAN or COUNTY PLAN
- The latest revision of the county-wide municipal waste management plan adopted by Northampton County and approved by PaDEP, as such may hereinafter be supplemented, revised, amended or modified in compliance with the law.
- PLASTIC CONTAINERS
- Empty plastic food and beverage containers. Due to the large variety of plastics, the recycling regulations will stipulate the specified types of plastics that may be recycled.
- RECYCLABLE MATERIALS
- Materials generated by a person or entity which can be separated from other municipal waste and returned to commerce to be reused as a resource in the development of useful products. Materials which may be recycled include but are not limited to: glass (clear, brown or green), aluminum, steel and bimetal cans, high-grade office paper, mixed paper, newspaper (including newspaper inserts), telephone books, corrugated paper, magazines and other periodicals, plastic containers and other materials as may be designated by the Township from time to time as recyclable materials.
- RECYCLING COLLECTOR
- A municipal waste collector engaged in the collection, removal, transportation or hauling of recyclable materials.
- RECYCLING PROCESSORS
- Entities which receive recyclable materials, separate recyclable materials from nonrecyclable residue and market the separated recyclable materials for reuse or remanufacture.
- RENTAL AGENT(S)/PROPERTY MANAGERS
- Any individual or organization who or which assumes the owner's responsibility in renting and/or leasing residential units, commercial space or industrial complexes. Agents do not own the properties in question, but deal directly with tenants or lessees on behalf of the owner(s).
- The legal owner, occupant or lessee of a single-family residential unit in the Township or the owner, occupant or lessee of any type of multifamily residential unit, including but not limited to townhomes, duplexes, condominiums and apartments, whose multifamily unit has curbside collection of municipal waste and/or recyclables. Also classified as a resident is any business professional who operates a profession from his/her personal residence.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Materials that are separated from municipal waste at the point of origin for the purpose of recycling. The term is limited to clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper, plastics and other marketable grades of paper.
- YARD WASTE
- Twigs, shrub trimmings, small branches and like vegetative matter (including grass clippings).
The reduction of the amount of municipal waste and conservation of recyclable materials is an important public concern by reason of the growing problem of municipal waste disposal and its detrimental impact on the environment. It is the intent of this article to require, promote and regulate recycling activities in the Township and to protect the health, safety and welfare of its residents.
This article has been developed to meet and implement municipal responsibilities established under Act 101 of 1988.
It is the intent of this article to promote intergovernmental cooperation in recycling activities to more efficiently conduct recycling programs and to reduce costs.
The Township may establish, by resolution, rules and regulations related to the administration of the recycling program and may administer and enforce against violations of all such rules and regulations. The Township shall determine the recyclable materials to be separated from other municipal waste by residents (including noncurbside residents), and commercial, institutional, industrial, municipal, hospitality establishments, and the sponsors of community activities, and collected by municipal waste collectors; however, these designations may be changed by the Township from time to time. All residents, commercial, institutional, industrial, municipal, hospitality establishments, and the sponsors of community activities shall be required to separate from other municipal waste the recyclable materials designated by the Township for collection.
In accordance with Section 1501(c)(l)(iii) of Act 101, 53 P.S. § 4000.1501(c)(1)(iii), the Township shall be authorized to exempt persons occupying institutional, commercial, business, industrial and hospitality establishments from one or more of the requirements of this article if they have otherwise provided for the recycling of materials designated by this article and any subsequent resolutions. To be eligible for this exemption, these establishments must provide, on an annual basis, written documentation to the Township of the total quantity of each material recycled, in such form as shall be provided for in the Township's rules and regulations. Exemptions shall be handled administratively by the Township.
The Township shall submit an annual report to Northampton County as the host county describing the weight or volume of materials (including materials from CIMs, whether exempted or not) that were recycled by the Township's recycling program in the preceding calendar year.
Each person or entity who or which generates municipal waste in the Township shall be responsible for complying with the requirements of this article for the separation of recyclable materials from other municipal waste as required by Act 101 as implemented by the Township. This shall include tenants and lessees occupying leased properties.
Owners, landlords or rental agents of any leased property, other than a single-family occupied property, shall be responsible for publicly posting educational information provided by the Township and/or municipal waste collectors; provide appropriate recyclable material collection containers and provide for pickup of such containers in accordance with this article. Owners, landlords or rental agents of a single-family-occupied property may assign such responsibility to the tenant or lessee occupying the property through a lease or rental agreement or other written assignment.
Every person or entity must separate household hazardous waste and leaf waste from the recyclable materials and other municipal waste. It is the responsibility of a person or entity to dispose of household hazardous waste in accordance with applicable law.
All occupants of single-family homes, including townhomes and row-homes where individual municipal waste collection occurs, shall maintain a separate container of the type specified or provided by the Township or municipal waste collector to collect all designated recyclable materials in a co-mingled or modified co-mingled (e.g., different materials separated into paper bags and placed in the container) fashion, as established by the municipal waste collector, subject to the rules and regulations of the Township. No municipal waste or recyclable material container shall be placed at the curb or in the front yard of any resident's property except during the period beginning at 6:00 p.m. on the evening prior to the day of scheduled collection, and the empty container shall be removed by 11:59 p.m. on the day of scheduled collection. Enforcement of container rules for placement at curbside shall be the responsibility of the Township. Newspapers may also be placed in paper bags (no plastic bags) or bundled and tied, both across and lengthwise, with rope or cord; kept dry prior to collection; and placed at curbside with the recycling container. No municipal waste containers or recyclable material containers, including bundles of newspapers (other than containers supplied by municipal waste collectors), shall be filled with municipal waste or recyclable materials weighing more than 50 pounds. No person shall cause municipal waste containers or recyclable material containers to be filled beyond the capacity of such containers. Each container used for recyclable materials shall be clearly marked as containing recyclable materials.
Owners, landlords, the governing bodies of associations or other agents of homeowners of multifamily residential units where individual residential waste collection does not occur shall be responsible for providing suitable containers or dumpsters for recyclable materials. Such containers or dumpsters shall be provided through arrangements with a municipal waste collector, and source-separated or co-mingled recyclable material containers or dumpsters may be utilized. The containers or dumpsters must be provided at easily accessible locations, and written instructions must be provided by the owners, landlords, and the governing bodies of associations or other agents of homeowners to the occupants concerning the use and availability of such containers or dumpsters. All owners and tenants or lessees of individual multifamily residential units shall be responsible for separating recyclable materials and placing them in the containers or dumpsters provided for such purposes. Owners, landlords, and governing bodies of associations or other agents of homeowners of multifamily residential units shall be responsible for compliance by the occupants of such units with the requirements for separation of recyclable materials from other municipal waste. No person shall cause municipal waste or recyclable material containers or dumpsters to be filled beyond the capacity of such containers or dumpsters.
Owners or landlords of any institutional, commercial, business, industrial and hospitality establishment, and the sponsors of community activities shall be required to meet the same requirements outlined in Subsection E, unless exempted under § 212-12E of this article or unless such responsibilities are specifically assigned, in writing, to the tenant or lessee of such property.
All homes, apartments and other residential establishments shall be required to separate and recycle the following: clear glass, colored glass, newspaper (including newspaper inserts), corrugated paper, high-grade office paper, telephone books, aluminum cans, steel cans, bimetallic cans, No. 1 PET plastics, No. 2 HDPE plastics, and leaf waste and yard waste.
[Amended 11-5-2012 by Ord. No. 09-12]
Commercial, institutional, industrial, and municipal establishments shall be required to separate and recycle the following: corrugated paper, high-grade office paper, mixed paper, aluminum cans, and leaf waste and yard waste.
Hospitality establishments which include restaurants, hotels and taverns and other businesses that have PLCB licenses, shall be required to separate and recycle the following: cardboard, office paper, aluminum cans, clear glass, colored glass, steel cans, bimetallic cans, No. 1 PET plastics, No. 2 HDPE plastics, newspaper (including newspaper inserts), telephone books, and leaf waste and yard waste.
The sponsors of community activities shall be required to separate and recycle the following: aluminum cans, clear glass, colored glass, steel cans, bimetallic cans, No. 1 PET plastics, and No. 2 HDPE plastics.
Each collector of municipal waste generated within the Township shall register with the Township on an annual basis on or before January 1 for the succeeding calendar year. The registration information shall include, without limitation, the following information: the name, principal place of business address, and telephone number of the collector; all fictitious names, if any, under which the collector operates; the name, address, and telephone number of the chief executive officer of the collector and, if none, the name, address, and telephone number of the owner(s) of the collector and; the name, address, and telephone number of the contact person responsible for compliance with this article; the number of trucks, including make, model and license plate number operating within the Township; and a copy of the current written authorization for all of its waste transportation vehicles operating within the Township issued by PaDEP pursuant to Act 90. In the event that any of this information changes at any time during the calendar year, the collector shall update its registration with the Township by providing current information within 30 days of such change. The Township shall have the right to require additional information through the adoption of implementing rules and regulations adopted by resolution of the Board of Commissioners, provided that such rules and regulations are not inconsistent with the requirements of Act 90, Act 97, Act 101, and all relevant PaDEP regulations. In the event a municipal waste collector ceases collection of municipal waste generated within the Township, the collector shall promptly notify the Township in writing. All collectors must maintain a current written authorization for all of its waste transportation vehicles operating within the Township issued by PaDEP pursuant to Act 90.
Reporting and recordkeeping requirements.
Unless specifically provided otherwise in the Township's rules and regulations, the Township shall deliver to all municipal waste collectors, in conjunction with the registration process outlined in Subsection A(1), an information sheet that lists the materials which are to be recycled pursuant to current PaDEP regulations. Upon receipt of the information sheet, the municipal waste collectors shall indicate all of the recyclable materials collected by the municipal waste collector.
Municipal waste collectors shall be responsible for obtaining weight and volume data on all municipal waste and recyclable materials collected by them in the Township. Said data shall be supplied to the Township on an annual basis by January 31 for the preceding year. Such report shall include the name, address, and telephone number of the market or processor where recyclable materials are delivered and shall be signed by an officer of the municipal waste collector.
Municipal waste collectors shall maintain records of their collection, removal, transportation and hauling activities within the Township and make them available for inspection by the Township, in accordance with the rules and regulations of the Township, provided that such rules and regulations are not inconsistent with the requirements of Act 90, Act 97, Act 101, and all relevant PaDEP regulations.
Collection, processing, marketing and reporting requirements.
Each municipal waste collector operating in the Township shall be responsible for complying with the requirements of this article and the Township's rules and regulations for the collection, processing and marketing of recyclable materials. The Township reserves the right to enter into contracts with one or more collectors, removers, transporters and/or haulers for one or more components of municipal waste and/or recyclable materials.
The municipal waste collector shall, in providing municipal waste collection and disposal services, also provide for the collection of recyclable materials. Unless specifically provided otherwise in this article or in the Township's rules and regulations, the municipal waste collector must provide recyclable material collection with the same frequency at which it provides refuse collection and disposal services. For example, where once a week municipal waste collection is provided, the municipal waste collector must provide at least once-a-week recyclable material collection. Customers using once-a-month municipal waste collection must have recyclable materials collected at least once a month. The municipal waste collector must provide for collection of recyclable materials at a frequency of not less than once a month, irrespective of its normal frequency of providing other municipal waste collection services. Each municipal waste collector shall notify the Township in writing the specific week or weeks during each month during which it will collect recyclable materials in the Township.
In shall be unlawful, and a violation of this article, for municipal waste collectors to co-mingle recyclable materials with other municipal waste in the same truck or other collection vehicle.
In the event that a generator's containers or dumpsters for municipal waste or recyclables are regularly filled beyond capacity and the generator refuses to schedule more frequent collections, the municipal waste collector for such generator shall notify the Township's Recycling Coordinator. The municipal waste collector shall utilize its best commercial efforts to schedule frequency of collection to ensure that containers or dumpsters are not filled beyond capacity by generators.
The municipal waste collector shall be responsible for the processing and marketing of the recyclable materials or the delivery of recyclable materials to a recycling processor. Such activities may be conducted by the municipal waste collector or any agent thereof or a private entity conducting such business, a nonprofit entity able to undertake such effort or any governmentally owned or operated facility capable of such functions.
The municipal waste collector shall, prior to initiating processing and marketing activities for recyclables, provide the Township with a summary of its proposed efforts, including the location of the facility(ies) to which the recyclable materials will be delivered, to the maximum extent possible. All such facility(ies) shall be appropriately licensed and permitted. Updates shall be provided to the Township as changes are made. Municipal waste collectors are hereby notified that pursuant to 25 Pa. Code, Chapter 271, Subchapter A, § 271.101(a)(2), an exemption is granted to processing centers for source-separated recyclable materials from obtaining a municipal waste permit from PaDEP. A facility that processes materials outside of the definition of source-separated recyclable materials may require a permit from PaDEP to operate.
All municipal waste collectors shall keep records of the quantities and types of recyclable materials collected in the Township. The records shall include the weight of the total quantities of recyclable materials and total quantities of municipal waste and an estimate of the corresponding volume of material for both recyclable materials and municipal waste. Estimates of the individual components comprising the co-mingled recyclable materials shall also be provided to the extent the municipal waste collector is reasonably able to produce such estimates. Written reports shall be provided to the Township on reporting forms provided by the Township and shall include the name and location of the processing center and/or recyclable materials dealer and shall be submitted in accordance with the time schedules established in this article.
Leaf waste quantities shall be recorded by the municipal waste collector (including the Township where it designates itself as the collector of leaf waste) collecting such materials. Such quantities may be in the form of estimates on either a cubic yard or tonnage basis collected, and written documentation must be provided to the Township by January 31 of each year for materials collected in the preceding calendar year of the total quantity of leaf waste collected. The collector has the option of reporting tonnage either in compacted or uncompacted cubic yards.
Municipal waste collectors shall not collect refuse, recyclable materials or any other wastes between the hours of 8:00 p.m. and 6:00 a.m., Eastern standard time nor, when applicable, between 8:00 p.m. and 6:00 a.m., Eastern daylight saving time. Failure to comply with this provision shall subject a municipal waste collector to enforcement action by the Township.
[Amended 1-2-2018 by Ord. No. 01-18]
All recyclable materials and municipal waste placed at curbside for collection or in any container or dumpster designated for recyclable materials shall become the property of the municipal waste collector providing the service, except as outlined in § 212-17 of this article.
It shall be a violation of this article for any person or entity, other than the municipal waste collector providing the service, to collect or remove any of the recyclable materials from their designated collection location, except as outlined in § 212-17 of this article. Each unauthorized collection from one or more designated locations on one calendar day, in violation hereof, shall constitute a separate and distinct offense punishable as hereinafter provided.
Each municipal waste collector shall provide yard waste and leaf waste collection service at least once during the spring and at least once during the fall of each year, except with respect to leaf waste collection for which the Township has designated itself as the collector. The spring collection shall take place during the first full week of May, and the fall collection shall take place during the first full week of November. Each collector shall notify its customers of the date on which the collection of yard waste and leaf waste shall take place. No customer shall place yard waste and leaf waste at curbside for collection more than 24 hours prior to collection. Unless municipal waste collectors are notified to the contrary by the Township, the Township shall be responsible for the spring and fall collection of leaves only (i.e., not including shrubbery and tree trimmings and branches, and similar material) on such dates as it may designate from time to time.
Each municipal waste collector shall have the right to require that tree branches be tied and bundled, and cut to a length not longer than three feet and not larger than eight inches in diameter.
Leaf waste collection shall be conducted in accordance with regulations of PaDEP and leaf waste disposal shall be in a PaDEP-permitted composting facility in accordance with all applicable state guidelines.
All municipal waste collectors shall provide the Township with the name and address of the facility(ies) where the leaf waste will be disposed and report the quantity in tons or cubic yards. Leaf waste shall not be co-mingled with any other municipal solid waste. The disposal of noncomposted leaf waste at a sanitary landfill or waste-to-energy facility is strictly prohibited. Until such time as the Township redesignates a different the facility by resolution, the facility at which leaf waste shall be disposed of by municipal waste collectors shall be the Bethlehem Township Recycling Center located at Falmer Drive, Bethlehem Township. No grass clippings shall be disposed of by any municipal waste collector at the Bethlehem Township Recycling Center. Unless notified to the contrary by the Township, municipal waste collectors shall not deliver tree branches to the Center which are cut to a length longer than three feet or larger than eight inches in diameter.
Except with respect to leaf waste collection for which the Township has designated itself as the collector, the methodology for separating and collecting leaf waste shall be established by the municipal waste collectors and submitted to the Township for prior review and approval. All municipal waste collectors shall provide the Township with a leaf waste collection/disposal plan providing information regarding their expected leaf waste collection and disposal service to their customers on or before June 30 of each year prior to distribution to customers.
The Township shall have 60 days to provide comment or the leaf waste collection/disposal plan shall be deemed approved for distribution to customers.
Leaf waste shall not be left by generators in such manner that it obstructs the flow of traffic or affects the performance of drainage facilities or catch basins.
The Township encourages the delivery of Christmas and other holiday trees to the Bethlehem Township Recycling Center by Township residents. In the event such trees are left at curbside, the municipal waste collectors shall collect the same and deliver the same to the Center. Municipal waste collectors may impose a reasonable additional charge for such service reflecting any additional costs incurred by the collectors for such collection.
The Township shall establish a comprehensive and sustained public information and education program concerning recycling program features and requirements. As part of this program, the Township shall, at least 30 days prior to the initiation of the recycling program and at least once every six months thereafter, notify persons occupying residential, commercial, institutional, and municipal premises within its boundaries of the requirements of this article. This notice shall include an explanation of how the system will operate, the dates of collection, and responsibilities of persons within the Township and incentives and penalties. The Board of Commissioners may place an advertisement in a newspaper circulating in the Township post a notice in a public place where public notices are customarily posted, including a notice with other official notifications periodically mailed to residential taxpayers, or utilize a combination of the foregoing.
Any person or entity violating the provisions of this article pertaining to the separation of recyclable materials, including co-mingling or recyclable materials with municipal waste by haulers and their employees, shall receive an official written warning sent certified mail, return receipt requested. Thereafter, within two years from the date of the written warning for the first offense, any person or entity violating any of the provisions of this article pertaining to the separation of recyclable materials within the boundaries of the Township, shall be subject to a criminal fine not to exceed $2,500 per violation, plus damages, court costs and reasonable attorney's fees and imprisonment in the Northampton County Correctional Facility to the extent allowed by law for the punishment of summary offenses. Enforcement of any such violations shall be by action before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person or entity who shall violate any provision of this article not covered in Subsection A above shall, upon conviction, be subject to a criminal fine not to exceed $1,000 per violation, plus damages, court costs and reasonable attorney's fees and imprisonment in the Northampton County Correctional Facility to the extent allowed by law for the punishment of summary offenses. Enforcement of any such violations shall be by action before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Each day on which a violation of this article continues shall constitute a separate offense punishable by a like fine or penalty.
No municipal waste collector shall collect municipal waste which contains unsegregated recyclable materials or leaf waste. The municipal waste collector shall provide a person or entity violating the provisions contained herein regarding the separation of recyclable materials with written notice for the first offense and also provide the Township with the same written notice. Any municipal waste collector who shall violate the provisions of this subsection and collect municipal waste containing recyclable materials or leaf waste from a person or entity who or which has previously been notified by the Township, and/or a municipal waste collector of noncompliance shall receive an official warning for the first offense. The municipal waste collector, for subsequent offenses within a two-year period of the warning, upon conviction, shall be sentenced to pay a fine of not less than $1,000 and not more than $5,000, plus damages and costs of prosecution of each and every offense, or, in default of the payment of such fine and costs, to undergo imprisonment for not more than 30 days.
The Township is authorized to establish, through its rules and regulations, procedures through which violations of this article and of the Township's rules and regulations themselves may be determined and administrative sanctions therefor, including but not limited to imposition of monetary penalties.
Nothing in this section shall be construed to limit the Township's remedies which shall include but not be limited to including the filing of actions at law or in equity seeking damages and/or injunctive relief.