[Adopted 9-18-2007 by Ord. No. 386[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Recycling, adopted 10-4-1988 by Ord. No. 259, as amended.
The title of this article shall be the "Upper Southampton Township
Recycling Ordinance," and the same may be cited in that manner.
A.Â
ACT 90
ACT 97
ACT 101
ALUMINUM CONTAINERS
BIMETALLIC CONTAINERS
BULK WASTE
COMMERCIAL ESTABLISHMENT
COMMUNITY ACTIVITY
CORRUGATED PAPER
CURBSIDE RECYCLING COLLECTION
GLASS CONTAINERS
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
LEAF WASTE
LICENSED COLLECTOR or LICENSED WASTE HAULER
MAGAZINES AND PERIODICALS
MULTIFAMILY HOUSING PROPERTY[4]
MUNICIPAL WASTE
NEWSPRINT
OFFICE PAPER
PAPERBOARD
PERSON
PLASTIC
RECYCLABLE MATERIALS
RECYCLING
RESIDENTIAL PROPERTY
SINGLE-STREAM RECYCLABLE MATERIALS
SOURCE-SEPARATED RECYCLABLE MATERIALS
STEEL CONTAINERS
TOWNSHIP
TOWNSHIP MANAGER
YARD WASTE
The following words and phrases as used in this article shall have
the meaning ascribed to them herein, unless the context clearly indicates
a different meaning.
The Pennsylvania Waste Transportation Safety Act of 2002
(P.L. 596, No. 90, June 29, 2002).[1]
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980).[2]
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988 (Act 1988-101, July 28, 1988).[3]
Empty all-aluminum beverage and food containers.
Empty food or beverage containers consisting of ferrous sides
and bottoms and aluminum tops.
Large items of refuse, including, but not limited to, furniture,
carpet, tires, and appliances, which require collection in other than
conventional compactor refuse collection vehicles.
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, offices,
restaurants, shopping centers and theaters.
Events that are sponsored by public or private agencies or
individuals that include, but are not limited to, fairs, bazaars,
socials, picnics, carnivals, and organized sporting events attended
by 200 or more individuals per day.
Structural paper material with an inner core shaped in ridged
parallel furrows and ridges.
The scheduled collection and transportation of recyclable
materials placed at the curb or street line by persons residing at
a residential property.
Bottles and jars made of clear, green, or brown glass. Expressly
excluded are noncontainer glass, plate glass, blue glass, and porcelain
and ceramic products.
Any establishment engaged in manufacturing or production
activities, including, but not limited to, factories, foundries, mills,
processing plants, refineries, mines, and slaughterhouses.
Any establishment or facility engaged in services, including,
but not limited to, hospitals, nursing homes, schools and universities.
Leaves, garden residues, shrubbery and tree trimmings, and
similar materials, but not including grass clippings.
A person who has written authorization from the PADEP under
Act 90 to collect, haul, transport and dispose of municipal waste.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded are all other paper
products.
Property containing more than three dwelling units in one
building and either (1) dwelling units within the building having
common ownership, or (2) most dwelling units within the building are
located above or below another dwelling unit regardless of ownership.
[Amended 2-2-2016 by Ord.
No. 435]
Any garbage, refuse, industrial lunchroom or office waste
and other material including solid, liquid, semisolid or contained
gaseous material, resulting from operation of residential, municipal,
commercial, or institutional establishments and from community activities,
and any sludge not meeting the definition of residual or hazardous
waste under Act 97 from a municipal, commercial or institutional water
supply treatment plant, wastewater treatment plant, or air pollution
control facility. The term does not include any source-separated recyclable
materials.
Paper of the type commonly referred to as newspaper and distributed
at fixed or varying intervals, having printed thereon news and/or
opinions, containing advertisements and other matters of public interest;
expressly excluded, however, are newsprint which has been soiled.
All white paper, bond paper, and computer paper used in commercial,
industrial, institutional and municipal establishments.
A thick paper-based material made of pressed paper pulp or
pasted sheets of paper; may also be made from reclaimed paper stock.
Commonly used for packaging (i.e., food boxes, gift boxes, pizza boxes)
and posters. Also known as "chip board" or "pressed cardboard."
[Added 2-2-2016 by Ord.
No. 435]
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, federal
government or agency, state institution or agency, or any other legal
entity recognized by law as the subject of rights and duties. In any
provisions of this article prescribing a fine, imprisonment, or penalty
or any combination of the foregoing, the term "person" shall include
the officers and directors of any corporation or other legal entity
having officers and directors.
Empty plastic food and beverage containers. Due to the large
variety of types of plastic, the recycling regulations may stipulate
specific types of plastic which may be recycled.
Materials specified by the Township for separate collection
in accordance with recycling regulations. Such materials may include,
but shall not be limited to glass containers, aluminum containers,
steel containers, bimetallic containers, office paper, newsprint,
corrugated paper, paperboard and plastics.
[Amended 2-2-2016 by Ord.
No. 435]
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed or processed as municipal waste or the
mechanized separation and treatment of municipal waste (other than
through combustion) and creation and recovery of reusable materials
other than a fuel for the generation of energy.
All properties used for residential purposes except multifamily
housing properties. Dwelling units located within a building or on
the same property with commercial, industrial and/or institutional
uses shall not be treated or recognized as a residential property.
[Amended 2-2-2016 by Ord.
No. 435]
All newsprint, magazines, catalogs, junk mail, corrugated
cardboard, paperboard, office paper, glass containers, aluminum containers,
steel containers, bimetallic containers, and plastic mixed together
in a recycling container.
[Added 9-6-2016 by Ord.
No. 439]
Materials, including leaf waste, that are separated from
municipal waste at the point of origin or generation for the purpose
of recycling.
Empty ferrous or "tin" food or beverage containers.
The Township of Upper Southampton, Bucks County, Pennsylvania.
The duly appointed Township Manager of the Township of Upper
Southampton, Bucks County, Pennsylvania.
Leaf waste as defined above and grass clippings.
[1]
Editor's Note: See 27 Pa.C.S.A. § 6201.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[3]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[4]
NOTE: Gravel Hill Station, Steamboat Station and Belmont Station
are excluded from this definition and are classified as "residential
property" for the purposes of this article.
B.Â
For the purpose of this article, the singular shall include the plural
and the masculine shall include the feminine and neuter.
A.Â
Upper Southampton Township, or an authorized person or persons under
contract by the Township, shall collect, transport, process and dispose
all source-separated recyclable materials generated at residential
properties within the Township. In the event that the Township; or
an authorized person or persons under contract by the Township, does
not collect, transport, process or dispose all source-separated recyclable
materials, then all persons owning or occupying residential properties
shall contract directly with a licensed collector or licensed waste
hauler for such services.
B.Â
Separation of materials. All persons residing in a residential property
shall separate recyclable materials from municipal waste. Recyclable
materials shall mean those materials specified by the Township in
accordance with recycling regulations. Such materials may include
but shall not be limited to yard waste, glass containers, aluminum
containers, bimetallic containers, steel containers, newsprint, corrugated
paper, paperboard and plastic.
[Amended 2-2-2016 by Ord.
No. 435]
C.Â
Placement of containers. All containers used for recycling must be
clearly identified as such. Recyclable materials shall be placed at
the curb or street line, or at an area designated by the Township,
separate from municipal waste for collection at such times and dates
as may be hereinafter established by regulation. Recyclable materials
must be placed in waterproof containers. Recyclable materials must
be placed at least three feet from the municipal waste at the curb
or street line, or at an area designated by the Township. Recyclable
materials shall not exceed 50 pounds in weight.
[Amended 2-2-2016 by Ord.
No. 435]
D.Â
Times for placement and removal of containers. Recycling containers
shall be stored on the owner's property and shall not be placed
at the curb or street line, or at an area designated by the Township,
for collection before 6:00 p.m. on the evening preceding a scheduled
collection day. Empty containers shall be removed from the curb by
10:00 p.m. on the day of collection. Recycling containers shall not
be kept at the curb or street line, or at an area designated by the
Township, between scheduled collections, and they shall be stored
on the owner's property in such location to be unseen from public
streets or roads or from the front yards of immediate neighboring
property.
A.Â
All commercial, industrial, institutional, and municipal establishments
and community activities shall separate recyclable materials from
municipal waste.
B.Â
All commercial, industrial, institutional, and municipal establishments
shall recycle corrugated paper, office paper, and aluminum containers.
C.Â
All community activities shall recycle aluminum containers, glass
containers, bimetallic containers, steel containers, and plastic.
D.Â
All persons owning commercial, industrial, institutional, or municipal
establishments and all organizers of community activities shall establish,
implement, and manage a program for the recycling of recyclable materials
generated at their properties or community activities in accordance
with the provisions of this article, any applicable municipal ordinance,
the Revised County Plan, Act 90, Act 101, the minimum standards and
requirements established in Chapter 285 of the PADEP Municipal Waste
Management Regulations, any applicable Bucks County Department of
Health regulations, and/or any other federal, state, or local regulations.
E.Â
Frequency of collection. The recyclable materials for all commercial,
industrial, institutional, and municipal establishments shall be collected
as often as required by generated volumes and environmental conditions,
but not less than once a month.
F.Â
Reporting. All commercial, industrial, institutional, or municipal
establishments are required to submit a recycling report at such time
as the Township may deem appropriate, to the Township Manager on forms
provided by the Township.
A.Â
All persons residing at multifamily housing properties shall separate
recyclable materials from municipal waste.
B.Â
All persons residing in multifamily housing properties shall recycle
those materials specified by the Township for separate collection
in accordance with recycling regulations. Such recyclable materials
may include but shall not be limited to yard waste, glass containers,
aluminum containers, bimetallic containers, steel containers, newsprint,
corrugated paper, paperboard and plastic.
[Amended 2-2-2016 by Ord.
No. 435]
C.Â
All persons owning or managing multifamily housing properties shall
establish, implement, and manage a program for the recycling of recyclable
materials generated at their properties in accordance with the provisions
of this article, any applicable municipal ordinance, the Revised County
Plan, Act 90, Act 101, the minimum standards and requirements established
in Chapter 285 of the PADEP Municipal Waste Management Regulations,
any applicable Bucks County Department of Health regulations, and/or
any other federal, state, or local regulations.
D.Â
The owner or manager shall inform all persons residing at the multifamily
housing property of the program, including the dates, times, and location
of collection, the items to be recycled, and the method of collection.
Such information shall be provided by the owner to all persons not
less than once per year and to all new persons at the time of occupancy.
E.Â
Frequency of collection. The recyclable materials for all multifamily
housing properties shall be collected as often as required by generated
volumes and environmental conditions, but not less than once a month.
F.Â
Reporting. All multifamily housing properties are required to submit
a recycling report at such time as the Township may deem appropriate,
to the Township Manager on forms provided by the Township.
All persons residing in a residential property shall separate
yard waste from municipal waste for on-site mulching or on-site composting,
or for disposal or processing at a composting facility in accordance
with recycling regulations. All persons owning or managing multifamily
residential properties, commercial, institutional, industrial and
municipal establishments shall separate leaf waste from municipal
waste for processing at a composting facility,
It shall be a violation of this article for any persons, unauthorized
by the Township, to collect or pick up or cause to be collected or
picked up any such recyclable materials at any property within the
Township. Each such collection in violation hereof shall constitute
a separate and distinct offense punishable as hereinafter provided.
Any person may donate or sell recyclable materials to individuals
or organizations. These materials must be delivered to the site of
such individual or organization.
The Township Manager, the Township Manager's designee,
and sworn Upper Southampton Township police officers are hereby authorized
and directed to enforce the Upper Southampton Township Recycling Ordinance.
The Upper Southampton Township Board of Supervisors may, by
resolution, establish and promulgate regulations to administer and
manage this article. These regulations may be amended, by resolution,
from time to time by the Upper Southampton Township Board of Supervisors.
[Amended 6-19-2012 by Ord. No. 414]
Any violation of this article shall be enforced by action brought
before a District Justice in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person, firm or corporation who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 and/or to imprisonment for a term not
to exceed 10 days. Each day that a violation of this article continues,
or each section of this article which shall be found to have been
violated, shall constitute a separate offense. For purposes of this
section, the doing of any act or thing prohibited by any provision
of this article, or the failure to do any act or thing as to which
any provision of this article creates an affirmative duty, shall constitute
a violation of this article punishable as herein stated.
Upper Southampton Township may petition the Bucks County Court
of Common Pleas for an injunction, either mandatory or prohibitive,
in order to enforce any of the provisions of this article.
