[Ord. 1060, 9/6/2000, § 1]
It shall be the purpose of this Part to establish all rules and regulations involving the preparation, separation and collection of trash and recycling within the Borough of Quakertown. It shall also be the purpose of this Part to establish a mandatory recycling program that requires all generators of trash within the Borough of Quakertown to separate recyclables from their trash.
[Ord. 1060, 9/6/2000, § 1]
As stated in this Part, the following words and terms are to have the following meanings:
- The residue resulting from the burning of wood, coal or other combustible material in a residential-type use. This definition excludes ashes resulting from an industrial or manufacturing process.
- Borough of Quakertown.
- BOROUGH MANAGER
- The duly appointed Borough Manager of the Borough of Quakertown.
- DISPOSAL CONTAINER
- Any plastic bag, rolling cart or facility to hold trash distributed solely by or through the Borough, which shall bear an identification mark established by the Borough. This shall be the only means by which Borough residents or customers can dispose of their trash.
- HIGH GRADE OFFICE PAPER
- Any bond, copier, letterhead or mimeograph paper typically sold as "white ledger" paper and computer paper.
- Any individual, firm, partnership, corporation, association, institution, cooperative enterprise or any other legal entity whatsoever which is recognized by law as being subject to the rights and duties of a person.
- Glass, cans and recyclable paper products generated within the Borough of Quakertown.
- The separation, collection, processing, recovery and sale or reuse of cans, glass, newsprint and other materials which would otherwise be disposed of as solid waste.
- RIPARIAN BUFFER
- Vegetated areas next to water resources that protect water
resources from non-point-source pollution and provide bank stabilization
and aquatic and wildlife habitats.[Added by Ord. 1177, 3/2/2011]
- The collective term which applies to solid or semisolid waste commonly produced from a residential or commercial use, such as garbage, rubbish, food waste, ashes, wood, leather, cooking residuals and cloth. It does not include cans, bottles and recyclable paper products.
- TRASH CUSTOMER
- All persons located in the Borough of Quakertown who generate trash within the Borough of Quakertown.
- YARD WASTE
- The part of solid waste composed of grass clippings, leaves,
twigs, branches and other garden refuse.[Added by Ord. 1177, 3/2/2011]
[Ord. 1060, 9/6/2000, § 1; as amended by Ord. 1090, 11/5/2003]
All trash customers must separate their recyclables from their trash and place trash and recyclables out for collection.
The Borough Council retains the right to award contract(s) for the collection and disposal of trash and recycling in the Borough when it deems that the award of such contracts is in the best interest of the residents and business owners in the Borough.
All trash customers are to place their trash and recyclables out for collection no later than 7:00 a.m. on the day of collection and no earlier than 6:00 p.m. on the day before collection. Any trash cans or recycling containers used are to be removed from the curb no later than 7:00 p.m. on the day of collection.
Accumulation or storage of trash for an extended period of time is hereby declared to be a nuisance and is prohibited.
Collection will not be scheduled on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. In each instance, collection will be made on the first business day following a holiday.
Ashes are to be cool before placing in a disposal container.
It shall be a violation for any residential trash customer to attempt to place out for Borough collection any trash in a nondesignated disposal container.
All persons generating trash and all companies collecting trash in the Borough are required to separate all recyclables from their trash. The recyclables are to be sent to a recycling center or transfer station, where they are to be disposed of in accordance with Pennsylvania law.
All persons from commercial, municipal or institutional establishments are to separate high-grade office paper and corrugated paper from their trash and are to recycle this material.
No person shall permit or place yard waste in any alley, street or stream.
[Amended by Ord. 1177, 3/2/2011]
No person shall permit the storage of yard waste or any other object that can be displaced by moving water within the riparian buffer zone of the stream.
[Amended by Ord. 1177, 3/2/2011]
As required by state and federal law, no person shall place infectious or red-bag waste in any designated disposal container or attempt in any way to dispose of said material in any other illegal way.
For tree branches and limbs, trash customers shall have the option of either placing the material out for waste collection or taking the materials themselves to a designated dropoff point. If placed out for waste collection, the material must be cut into lengths no longer than four feet and bundled tightly.
No trash or recycling collection by any trash collection company is to occur in the Borough before 7:00 a.m. on any day of the week.
[Ord. 1060, 9/6/2000, § 1]
Any person, whether as principal, agent or employee, violating or assisting in the violation of any of the provisions of this Part or of any regulations made by Council or the Manager under the provisions of this Part shall be guilty of an offense and, upon conviction, shall be sentenced to pay a fine of not less than $10 nor more than $600, and any resulting costs of disposal incurred by the Borough, and in default of payment of the fine and costs, shall be imprisoned for not more than 30 days. After notice, each day's neglect to comply with any provision of this Part or any such regulation shall be deemed a separate offense and be subject in all respects to the same penalty as the first offense, and separate proceedings may be instituted and separate penalties imposed for each day's offense after the first conviction.
[Ord. 1131, 8/1/2007, § 1]
This Part shall be known and referred to as the "Municipal Waste Collection and Transportation Ordinance of the Borough of Quakertown."
[Ord. 1131, 8/1/2007, § 2]
The following words and phrases, as used in this Part, shall have the meanings ascribed to them herein, unless the context clearly indicates a different meaning.
- ACT 90
- The Pennsylvania Waste Transportation Safety Act of 2002 (P.L. 596, No. 90, June 29, 2002).
- ACT 97
- The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).
- ACT 101
- The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act 1988-101, July 28, 1988).
- COLLECTOR or WASTE HAULER
- Any person, firm, partnership, corporation or public agency who is engaged in the collection and/or transportation of municipal waste and/or source-separated recyclable materials.
- COMMERCIAL ESTABLISHMENT
- Any establishment engaged in a nonmanufacturing or nonprocessing business, including but not limited to stores, markets, offices, restaurants, shopping centers and theaters.
- The County of Bucks, Pennsylvania.
- The deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters of this commonwealth. Disposal facilities include but are not limited to municipal waste landfills and construction/demolition waste landfills as defined by Act 101, Act 97, and/or PADEP rules and regulations (25 Pa. Code Chapters 75 and 271).
- INDUSTRIAL ESTABLISHMENT
- Any establishment engaged in manufacturing or production activities, including but not limited to factories, foundries, mills, processing plants, refineries, mines, and slaughterhouses.
- INSTITUTIONAL ESTABLISHMENT
- Any establishment or facility engaged in services, including but not limited to hospitals, nursing homes, schools and universities.
- LEAF WASTE
- Leaves, garden residues, shrubbery and tree trimmings, and similar materials, but not including grass clippings.
- LICENSED COLLECTOR or LICENSED WASTE HAULER
- A person who has written authorization from the PADEP under Act 90 to collect, haul, transport and dispose of municipal waste.
- Any of the 54 minor civil divisions in Bucks County, Pennsylvania.
- MUNICIPAL WASTE
- Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities, and any sludge not meeting the definition of residual or hazardous waste under Act 97 from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant, or air-pollution control facility. The term does not include any source-separated recyclable materials.
- The Pennsylvania Department of Environmental Protection.
- Any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, federal government or agency, state institution or agency, or any other legal entity recognized by law as the subject of rights and duties. In any provisions of this Part prescribing a fine, imprisonment, or penalty, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
- Any technology used for the purpose of reducing the volume or bulk of municipal or residual waste or any technology used to convert part or all of such materials for off-site reuse. Processing facilities include but are not limited to transfer facilities, recycling facilities, composting facilities, and resource-recovery facilities.
- 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.
- The unauthorized and uncontrolled removal of any material stored or placed at a point for subsequent collection or from a processing or disposal facility.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Materials, including leaf waste, that are separated from municipal waste at the point of origin or generation for the purpose of recycling.
- The off-site removal of any municipal waste at any time after generation.
For the purpose of this Part, the singular shall include the plural, and the masculine shall include the feminine and neuter.
[Ord. 1131, 8/1/2007, § 3]
It shall be unlawful for any person to collect and/or transport municipal waste from any residential, public, commercial, industrial or institutional establishment within the Borough of Quakertown without first securing written authorization from the PADEP in accordance with the provisions of Act 90.
It shall be unlawful for any person to store, collect and/or transport municipal waste or source-separated recyclable materials from any sources within the Borough of Quakertown in a manner not in accordance with the provisions of this Part, any applicable municipal ordinance, the Revised County Plan, Act 90, Act 101, the minimum standards and requirements established in Chapter 285 of the PADEP Municipal Waste Management Regulations, any applicable Bucks County Department of Health regulations, and/or any other federal, state, or local regulations.
It shall be unlawful for any person to scavenge any material from any municipal waste or source-separated recyclable materials that are stored or placed for subsequent collection within the Borough of Quakertown without prior approval from the municipality.
[Ord. 1131, 8/1/2007, § 4]
All collectors or waste haulers operating within the Borough of Quakertown must comply with the following minimum standards and regulations:
All trucks or other vehicles used for collection and transportation of municipal waste and/or source-separated recyclable materials must comply with the applicable requirements of Act 90, Act 97, Act 101, and PADEP regulations adopted pursuant to Act 97 and Act 101, including the Title 25 Pa. Code, Chapter 285, Subchapter B, regulations for the collection and transportation of municipal waste.
All collection vehicles conveying municipal waste and/or source-separated recyclable materials shall be operated and maintained in a manner that will prevent creation of a nuisance or a hazard to public health, safety and welfare.
All collection vehicles conveying putrescible municipal waste shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors and the creation of odors and other nuisances.
All collection vehicles conveying nonputrescible municipal waste and/or source-separated recyclable materials shall be capable of being enclosed or covered to prevent litter and other nuisances.
All collection vehicles conveying municipal waste and/or source-separated recyclable materials shall bear signs identifying the name and business address of the person or municipality which owns the vehicle and the specific type of material transported by the vehicle. All such signs shall have lettering which is at least six inches in height as required by Act 101.
All collection vehicles and equipment used by collectors or waste haulers shall be subject to inspection by the Borough of Quakertown or its authorized agents at any reasonable hour without prior notification.
[Ord. 1131, 8/1/2007, § 5]
No person shall collect or remove any municipal waste from within the Borough of Quakertown without first obtaining written authorization from PADEP in accordance with the provisions of Act 90 and providing a copy of such written authorization to the Borough of Quakertown. This section shall not apply to private individuals (e.g., homeowners) who wish to transport their own household waste to PADEP-approved facilities or recyclables to appropriate recycling centers, nor to farmers, landscapers or nurserymen who collect, remove, haul or otherwise, transport agricultural or other organic waste associated with their respective business activities.
For a collector or waste hauler to collect and transport municipal waste within the Borough of Quakertown, a collector or waste hauler shall submit a registration form to the Borough of Quakertown, which shall include a copy of his or her state-issued written authorization and a copy of his or her municipal and residual waste transporter authorization application (DEP form 2500-PM-BWM0015), along with any of the following information that may be deemed appropriate by the municipality:
A list of collection vehicles covered under the written authorization, including, as a minimum, the following information for each vehicle: identification information for each vehicle (such as vehicle license number, vehicle registration number, or company identification number); date and location of most recent vehicle inspection; and hauling capacity of the vehicle.
The type of municipal waste to be collected and transported.
Certificate(s) of insurance evidencing that the waste hauler or collector has valid liability, automobile and workers' compensation insurance in the minimum amounts established and required by separate resolution of the governing body of the municipality.
If they are hauling or collecting source-separated recyclable materials in the municipality, identify the materials being hauled or collected and provide the following information for each vehicle: identification information for each vehicle (such as vehicle license number, vehicle registration number, or company identification number); date and location of most recent vehicle inspection; and hauling capacity of the vehicle.
Any person who fails to satisfy the minimum standards and requirements of this Part or is in violation of the provisions of this Part may not lawfully collect municipal waste or source-separated material in the Borough of Quakertown.
All licensed collectors and licensed waste haulers shall meet the requirements of Act 90, Act 97, Act 101, the Bucks County Municipal Waste Management Plan, and all PADEP rules and regulations (25 Pa. Code, Chapter 285).
[Ord. 1131, 8/1/2007, § 6]
All licensed collectors and licensed waste haulers and collectors and haulers of source-separated recyclable materials operating within the Borough of Quakertown shall participate in the Bucks County Municipal Recycling Documentation Program. The program will provide a system for documenting the origin of municipal waste and source-separated recyclable material by municipality and the ultimate disposal point of said waste and recyclables. Each licensed collector and licensed waste hauler and collectors and haulers of source-separated recyclable materials operating in the Borough of Quakertown shall prepare and submit an annual report to the municipality on the official collectors and haulers recyclables documentation reporting form. The report shall be submitted by the PADEP-licensed collector or licensed waste hauler and collectors and haulers of source-separated recyclable materials to the Borough of Quakertown by January 31 of each year and include all of the required information pertaining to the preceding calendar year.
All annual reports submitted to the municipality from licensed collectors and licensed waste haulers and collectors and haulers of source-separated recyclable materials shall be combined into a single report and submitted by the municipality, on the official municipal recyclables documentation reporting form, to the county by February 28 of the year following the reporting period.
[Ord. 1131, 8/1/2007, § 7]
Any person who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense. For purposes of this section, the doing of any act or thing prohibited by any provision of this Part, or the failure to do any act or thing as to which any provision of this Part creates any affirmative duty, shall constitute a violation of this Part punishable as herein stated. Licensed collectors and licensed waste haulers who shall violate any provision of this Part may be reported to the PADEP by the Borough of Quakertown and may be subject to the revocation of the state authorization to transport municipal waste, as described in Act 90.
[Ord. 1131, 8/1/2007, § 8]
The Borough of Quakertown may petition the Bucks County Court of Common Pleas for an injunction, either mandatory or prohibitive, in order to enforce any of the provisions of this Part.