[Ord. No. 1233, 11/3/2021[1]]
This Part shall be known and may be cited as, the "Borough Refuse
Storage, Collection, and Disposal Ordinance."
[1]
Editor's Note: This ordinance also repealed former Part 1,
Recycling Trash Disposal, Ord. 1060, 9/6/2000, as amended.
[Ord. No. 1233, 11/3/2021]
1.
Pursuant to the authorization granted by Section 1202 of the Borough
Code (8 P.S. § 101 et. seq.),[1] the purpose of this Part 1 is to promote, protect, and
facilitate the public health, safety, and general welfare by:
A.
Instituting a mandatory recycling program in accordance with recommendations
from the State Assembly whereby the Borough shall be the sole agent
regulating the collection of solid waste and requiring residents to
participate in the Borough's trash and recycling collection services.
B.
Regulating the collection, accumulation, and storage of solid wastes
so as to:
(1)
Impede the propagation and the harboring of rats, mice, mosquitoes,
flies, and other vermin.
(2)
Eliminate filth and filthy deposits.
(3)
Reduce the opportunity for growth of pollen-bearing grasses
and weeds.
(4)
Eliminate attractive nuisances which may endanger the safety
of children.
(5)
Reduce the potential pollution of land, air, or water and the
disease-producing potential of decaying organic matter.
(6)
Reduce the potential of spontaneous combustion and fire.
(7)
Promote harmonious, peaceful, and comfortable neighborhood life
by the elimination of nuisances.
(8)
Provide for the preservation of valuable natural resources through
the elimination of recyclable materials from collection and landfills.
C.
Providing for the safe, orderly, and economic collection and removal
of accumulated waste.
D.
Provide for the disposal of solid waste in safe and sanitary methods
and in compliance with applicable state and local rules and regulations.
[1]
Editor's Note: See 8 Pa.C.S.A. § 1202.
[Ord. No. 1233, 11/3/2021]
1.
ASHES
AUTHORIZED COMMERCIAL COLLECTOR
BIMETAL CONTAINER
BOROUGH
BUILDING or ACCESSORY STRUCTURE
BULK WASTE
COMMUNITY ACTIVITY
CONSTRUCTION AND DEMOLITION WASTE
COUNTY
DWELLING UNIT
GARBAGE
GLASS CONTAINERS
HAZARDOUS WASTE
HOUSEHOLD RUBBISH
INDUSTRIAL AND COMMERCIAL WASTE
LEAF WASTE
MAGAZINES AND PERIODICALS
MULTIFAMILY UNIT
MUNICIPAL COLLECTION SERVICE
MUNICIPAL WASTE
NEWSPAPERS
NONCOLLECTIBLE WASTE
PADEP
PERSON
RECYCLABLE MATERIALS/RECYCLABLES
RECYCLING
REFUSE
RUBBISH
SCAVENGING
STATE
VEHICLE
WHEELED CART
YARD WASTE
The following words, when used in this Part 1, shall have the meanings
ascribed to them in this Part 1, except in those instances where the
context indicates otherwise:
The residue resulting from the burning of wood, coal, or
any other combustible material. This definition excludes ashes resulting
from industrial process.
A person, firm, or corporation licensed to collect, convey,
and dispose refuse in accordance with the provisions of this Part
1.
An empty food or beverage container consisting of ferrous
sides and bottom and an aluminum top.
The Borough of Quakertown.
A building or other structure constructed, existing and used
in conformity with the zoning, building and fire prevention ordinances,
codes, and regulations of the Borough of Quakertown.
Items that, due to their size or shape, cannot be disposed
of in a Borough disposal trash can. This includes, but is not limited
to, large household appliances that do not contain freon, such as
stoves and washing machines; or furniture and furnishings of equivalent
size; plumbing fixtures; large crates; tools; machinery or parts thereof;
play equipment; garden equipment; exercise equipment; and similar
items.
Events sponsored in whole or in part by a municipality, nonprofit
organization, or sponsored private sponsor, which include, but are
not limited to, fairs, bazaars, socials, picnics, and organized sporting
events that will be attended by 50 or more individuals per day.
Lumber, roofing, material, sheathing, rubble, broken concrete,
plaster, brick, conduit, pipe, wire, insulation, and similar material
which results from a construction, demolition, or remodeling process.
The County of Bucks and its regulatory agencies.
Any room or group of rooms located within a building and
forming a single habitable unit with facilities which are used, or
intended to be used for, living, sleeping, cooking, and eating by
one family.
All animal and vegetable waste solids resulting from the
handling, preparation, cooking, and consumption of foods.
Clean bottles and jars made of clear, green, or brown glass.
Expressly excluded from this definition are non-container glass, porcelain,
and ceramic products.
Wastes that, in sufficient quantities and concentrations,
pose a threat to human life, human health, or the environment when
improperly stored, transported, treated, or disposed.
Paper (except newspaper), wood, excelsior, plastics, rags,
cloth, leather, rubber, metals, tin cans, metal foils, ceramics, crockery,
and similar items normally produced by, or originating from, private
residential occupancy; provided, however, that the items set forth
herein need not be produced by, or originate from, a residence to
be classed as "household rubbish." So long as such waste is similar
to the waste produced by or originating in a residence as to size,
weight, and material. "Household rubbish" specifically excludes materials
designated as recyclable.
Any material or substance which is a waste by-product of
the industrial or commercial process. This shall include packaging
materials and equipment used in the delivery or shipment of goods
to or from the industrial or commercial site.
Leaves, garden residues, shrubbery, tree trimmings, and similar
material, but not including grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed intervals. Expressly excluded are all other paper products
of any nature whatsoever.
A property which contains four or more residential units,
including, without limitation, apartment complexes, condominium complexes,
retirement homes, and mobile home parks.
A mandatory collection service established and operated by
the Borough of Quakertown or a private collection service under contract
with the Borough.
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 "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions,
containing advertisements and other matters of public interest. Expressly
excluded, however, are newspapers which have been soiled.
Includes poisons, acids, paint, caustics, explosives, appliances,
electronic devices, hazardous waste, human excreta, dead animals,
and other hazardous materials that may cause damage or injury to collection
equipment or personnel.
The Pennsylvania Department of Environmental Protection.
Any individual; partnership; corporation; association; institution;
cooperative enterprise; municipality; municipal authority; federal
government, department, institution, or agency; state government,
department, institution, or agency; or any other legal entity recognized
by law as the subject of rights and duties. In any provisions of this
Part 1 prescribing a fine, penalty, or any combination thereof, the
term "person" shall include the officers and directors of any corporation
or other legal entity having officers and directors.
Those materials specified by the Borough for collection in
accordance with the State of Pennsylvania recycling regulations. Such
material may include, but shall not be limited to, aluminum products,
clean glass containers, bimetal containers, newspapers, magazine and
periodicals, and plastic containers. What is specified to be "recyclable
material" may change depending upon what the Borough is able to dispose
of through municipal recycling efforts or changes through disposal
contracts and laws.
The separation, collection, processing, recovery, and sale
or reuse of metals, glass, paper, plastics, and other materials which
would otherwise be disposed of as solid waste.
All solid wastes, except body wastes, and shall include,
but not be limited to, ashes, rubbish, garbage, industrial and commercial
wastes, and junk; except that "refuse" shall specifically exclude
hazardous waste.
Solid waste exclusive of garbage (e.g., nonrecyclable glass,
metal, paper, or plastic; and plant material, wood, or nonputrescible
solid waste).
Uncontrolled or unauthorized removal of trash and recyclables
from curbside after being placed curbside for collection by the Borough.
The Commonwealth of Pennsylvania and its regulatory agencies.
Any device in, upon or by which any person or property is
or may be transported or drawn upon a public highway, excepting devices
moved by human power or used exclusively upon stationary rails or
tracks.
A light, two-wheeled, trash cart container provided by the
Borough to the customer, and of a size approved by the Borough Council
for use by the customers who pay a monthly fee in advance of the service
being provided. The cart will have the compatibility to be lifted
by the Borough's sanitation department staff members. A fee for additional
wheeled cart(s) shall be established from time to time by the Borough
Council in the Borough Fee Schedule, such fee to be added to the customers
utility bill.
Organic material such as brush, twigs, leaves, garden residue,
shrubbery, grass clippings, branches.
2.
For the purpose of Part 1, the singular shall include the plural
and the masculine shall include the feminine and neuter.
[Ord. No. 1233, 11/3/2021]
It shall be unlawful to dump, destroy, or otherwise dispose
of refuse within the jurisdictional limits of the Borough.
[Ord. No. 1233, 11/3/2021]
All refuse shall be deposited and disposed of at a site designated
by the County of Bucks as a county landfill or other state-approved
disposal site by an authorized hauler.
[Ord. No. 1233, 11/3/2021]
An exception to the above requirement to deposit or dispose
of refuse at a state-approved site shall be for scrap or salvageable
material which may be delivered or sold to a processing plant for
reclamation and salvaging.
[Ord. No. 1233, 11/3/2021]
1.
No person shall accumulate, store, or permit to be accumulated or
stored any refuse on any property within the Borough of Quakertown
in quantities not authorized by this Part 1; provided, however, that
these regulations shall not apply to any refuse accumulated or stored
within a building or accessory structure constructed and maintained
in accordance with duly established health, zoning, and building laws,
codes, and regulations, nor to the storage of clean material designated
as a recyclable by the Borough.
A.
Compliance required of multifamily unit owners. For multifamily buildings/complexes
containing four or more units, the property owner shall provide proper
collection and disposal of regulated municipal waste and designated
recyclable materials by contracting a permitted collector to deliver
such waste and recycling to an approved facility. The Borough has
the option to offer trash and recycling collection services to such
multifamily units at the request of the owner, provided that all units
in the building/complex participate in the service being offered by
the Borough.
B.
Multifamily units.
(1)
Multifamily units with 10 or more residential units, including
apartment complexes, condominium complexes, retirement homes, and
mobile home parks, which provide the proper collection and disposal
of regulated municipal waste and designated recyclable materials by
utilizing a permitted private collector to deliver such waste and
recycling to an approved facility as required under this Chapter shall
be exempt from the solid waste fee.
(2)
Multifamily
units with four to nine residential units may be exempt from the solid
waste fee upon the presentation to the Borough of a certified statement
and a valid contract(s) demonstrating that all required trash and
recycling services (including trash, commingled recycling, newspaper/cardboard,
bulk waste, yard waste, and Christmas trees) are provided to the property
by one or more private permitted collector which delivers the units'
waste and recycling to an approved facility.
C.
Each multifamily unit owner shall:
(1)
Provide recycling containers at easily accessible locations
for source separation of designated recyclable materials;
(2)
Provide written instructions to all persons occupying each multifamily
unit to ensure that all designated recyclable materials are source
separated;
(3)
Provide collection and delivery to a facility of source-separated
designated recyclable materials at a frequency of not less than once
per week; and
(4)
Provide to the Borough annually by February 1 a written report
on what materials were recycled and their weights for the previous
calendar year.
[Ord. No. 1233, 11/3/2021]
1.
Garbage shall be drained of liquid, wrapped securely in paper, plastic
bags, or similar material and placed with other household rubbish
in an approved container. Garbage shall not be stored for a period
exceeding seven days. An exception to the above accumulation and storage
methods for restaurants, institutions, and commercial food-handling
and processing uses may be granted by the Borough through written
agreement setting forth the specific conditions and regulations to
be applied.
2.
Organic materials being composted shall be stored in such a manner
as not to create a nuisance or to endanger the public safety. Given
this condition, organic materials being composted may be stored for
more than seven days.
[Ord. No. 1233, 11/3/2021]
1.
Authorized Containers and Packaging. Household rubbish and garbage
shall be collected, stored, and/or prepared for collection only in
the following containers and methods:
A.
The municipal collection service shall be the sole collecting service
for residential rubbish and garbage.
B.
For disposal of rubbish and garbage, Borough residents will be required
to place all household rubbish and garbage for collection in the wheeled
cart. The Borough will only collect household rubbish and garbage
contained in the wheeled cart or Borough-approved receptacles, not
larger in capacity of 55 gallons and not filled to a weight greater
than 40 pounds. Wheeled carts shall not be filled in any manner that
does not allow the lid to rest in the fully closed position. Tree
trimmings, shrubbery clippings, and similar material shall be cut
in lengths not to exceed four feet and securely tied with string or
twine in bundles not more than 40 pounds in weight. Trimmings not
prepared as prescribed or exceeding four bundles will not be collected
and must be disposed at the Borough's branch drop-off collection site
at designated dates and times. Material denied for collection under
this provision may be collected by a private hauler.
2.
Household rubbish and garbage shall not be stored in a manner that
creates offensive or obnoxious odors.
[Ord. No. 1233, 11/3/2021]
It is mandatory that ashes be thoroughly extinguished before
placement for collection. Ashes shall be disposed of in a separate
disposal bag and placed in the trash wheeled cart.
[Ord. No. 1233, 11/3/2021]
1.
Recyclables, as defined herein, shall be collected in accordance
with these regulations.
2.
Separation of Recyclables. All designated recyclables and leaf waste
shall be kept separate from municipal waste, for the purposes of recycling
and composting, respectively, to the extent required by the following
provisions:
A.
Owners and occupants of all residential properties shall keep separate
those materials designated in the Borough's rules and regulations
for the purpose of curbside recycling and leaf waste for the purpose
of composting.
B.
Owners and occupants of all commercial, municipal, and institutional
establishments and properties and sponsors or organizers of community
activities shall keep separate the following recyclables: aluminum
cans, corrugated paper, office paper, and any other materials as designated
in the Borough's rules and regulations. Leaf waste shall also be kept
separate for the purpose of composting. Commercial, municipal, or
institutional solid waste generators must submit an annual report
showing materials that were recycled and the total number of tons
recycled for the previous calendar year to the Borough's Recycling
Coordinator no later than February 1 of each year.
C.
Recyclables shall be prepared, stored and set at the curb in accordance
with the provisions set forth in the Borough's rules and regulations.
D.
All source-separated recyclable materials collected in the Borough's
recycling program must be marked for recycling.
3.
Municipal Waste Haulers.
A.
Municipal waste collectors shall be responsible for the marketing
of recyclable materials collected within the Borough. Recyclable materials
must be recycled and may not be mixed with rubbish or garbage or disposed
of in a nonrecyclable way without written permission from the PADEP.
B.
Municipal waste collectors shall be responsible for delivering source-separated
leaf waste collected in the Borough to a PADEP-approved composting
facility. Source-separated leaf waste may not be disposed of as municipal
waste or mixed with municipal waste without written permission from
the PADEP.
[Ord. No. 1233, 11/3/2021]
1.
A monthly solid waste fee, as established by Council by resolution
from time to time and set forth in the Borough Fee Schedule, is hereby
imposed upon and shall be charged against the occupant/resident of
record at any residential property/residential dwelling unit for which
trash, recycling, or bulk waste removal services are provided by the
Borough. The monthly solid waste fee shall apply whenever the Borough
offers a municipal collection service to the property/unit, regardless
of what method of refuse, trash, or rubbish removal is used by the
occupants of that property/unit, without exception.
2.
The solid waste fee billing will be mailed monthly as part of the
customer's utility bill from the Borough. In the event a tenant-occupied
unit does not pay the solid waste fee, the owner of this unit shall
be responsible for payment. So that the owner may be aware of the
status of payment of the solid waste fee, the owner shall be permitted
to obtain tenant account payment information from the Borough upon
request. Properties with multiple units will be charged and billed
for each unit. Payment shall be due within 20 days from the date of
the bill.
3.
If the bill for any property/unit is not paid within 45 days after
the date of the bill, a 10% penalty shall be added thereto. If the
payment, plus penalty, is not paid within 45 days after the date of
the revised bill (i.e., 90 days after the date of the original bill),
the aggregate amount thereof shall bear interest from the penalty
date at a rate of 10% per annum, or the maximum rate permitted by
law. Any unpaid bill (together with penalties and interest thereon,
to the extent permitted by law) and all delinquent costs shall be
a lien on the subject property/unit, which may be collected by any
available legal action. Costs, expenses, and reasonable attorney's
fees incurred by the Borough concerning the collection of any unpaid
solid waste fee shall be added to the unpaid bill along with penalties
and interest and the aggregate of the same may be entered as a municipal
lien on the subject property/unit served and collected in the manner
provided by the Municipal Claims Act, 53 P.S. § 7101 et
seq.
4.
Vacant properties/units will not be charged the solid waste fee if
the Borough is properly notified of the vacancy. It is the responsibility
of the owner and/or landlord to notify the Borough's Customer Relations
Department in writing of any vacancy and to request the suspension
of the municipal collection service during the period the property
is vacant. Such notification must be provided prior to the property/unit
becoming vacant. Failure to notify the Borough Utility Billing Department
of re-occupancy of a vacant property/unit constitutes a violation
of this Chapter and will result in penalties.
[Ord. No. 1233, 11/3/2021]
Industrial and commercial waste stored outside of buildings
shall be stored in containers of suitable size, shape, and material
so as to prohibit the waste from being scattered by wind or rain and
shall prohibit accessibility of such waste to rodents and other vermin.
An exception to the container requirement shall be for an inorganic
industrial by-product waste of such quantity that container storage
is impractical. In such latter instance, storage shall be by a means
which will prohibit the waste material from becoming a nuisance to
the neighborhood and from being scattered, blown, or otherwise carried
away from the area where it is stored. In all instances, particulate
wastes shall not be stored for periods exceeding seven days, and all
other wastes shall not be stored for periods exceeding 30 days.
[Ord. No. 1233, 11/3/2021]
Construction and demolition waste may be stored upon the land
where actual construction or demolition is in progress; provided,
however, that such waste shall not be stored for a period exceeding
90 days and shall not be stored in a way which will allow it to be
scattered, blown, or otherwise carried away from the area where it
is stored.
[Ord. No. 1233, 11/3/2021]
Bulk waste shall not be stored outside of a building or accessory
building, except for a period not exceeding 14 days pending collection
and disposal. However, brush, tree trimmings, yard clippings, leaves,
grass, or other waste from live plantings may be stored for longer
periods if necessary, until the next scheduled collection day for
such items or for composting as future mulch material. Commercial
and industrial properties shall not place bulk items for collection
by the municipal collection service. It shall be a violation of this
Part 1 for any individual to place bulk waste for collection by municipal
collection if that waste is not generated at or directly associated
with the residence. Bulk waste shall be collected monthly from residential
customers and shall be limited to one item per month per household.
Council may from time to time, by resolution, establish certain bulk
waste items as fee-for-collection items and establish regulations
and charges for the collection of such items.
[Ord. No. 1233, 11/3/2021]
1.
The collection of all ashes, garbage, household rubbish, yard waste,
Christmas trees, recyclables, and bulk waste from residences in the
Borough shall be by the municipal collection service, except as herein
provided, in accordance with the following:
A.
All refuse shall be prepared for collection in strict conformity
with this Part 1 and deposited for collection in accordance with rules
and regulations as adopted by the Borough from time to time.
B.
The Borough may refuse to collect improperly prepared material and
may give notice of such by affixing a warning notice to the container
or material citing the violation. Failure to comply after first warning
notice may result in prosecution under this chapter.
C.
Except when specifically authorized by the Borough, wheeled carts
shall be placed for collection at ground level on the property, not
within the right-of-way of a street or alley, and readily accessible
to and not more than 10 feet from the side of the street or alley
from which the collection is made. A wheeled cart must be placed so
that the arrow on the lid is pointed toward the street/alley.
D.
Routes of collection will be along streets, alleys, and rights-of-way
as established by the Borough from time to time. Routes and pickup
points will be determined by the Borough on the basis of the most
efficient routing of collection equipment. It is the responsibility
of the customer to provide access for Borough collection vehicles.
E.
It shall be unlawful for any person to place for collection any municipal
waste, refuse, recyclables, or bulk trash item not produced at the
address from which collection is made or to bring any municipal waste,
refuse, recyclables, or bulk trash into the Borough or from one address
to another within the Borough for the purpose of taking advantage
of the municipal collection service. It shall also be unlawful for
any resident to deposit refuse or bulk items for residential collection
service, which refuse was produced by any nonresidential activity
or enterprise.
F.
It shall be unlawful to store with household rubbish or place for
collection by the municipal collection service any noncollectible
waste.
G.
Wheeled carts, refuse/recycling containers, and other items being
left for collection shall not be placed at collection points any earlier
than 6:00 p.m. on the day prior to scheduled collection and no later
than 6:00 a.m. on the day of collection. Empty carts and containers
shall be removed from the collection points prior to 6:00 p.m. on
the day of collection. In no event shall any cart or container remain
at curbside for more than 24 hours.
H.
Any person found scavenging shall be in violation of this Part 1
and subject to its fines and penalties as set forth herein.
I.
In addition to the preceding requirements of this Part 1, the following
shall apply to all households using wheeled carts:
(1)
The only trash receptacle permitted for use in conjunction with
the municipal collection service is the wheeled cart that is provided
by the Borough or a Borough-authorized receptacle;
(2)
The Borough retains ownership of the Borough-provided wheeled
cart. Any additional carts purchased by customer are the property
of the customer.
(3)
Residents are responsible for the cost, as set by the Borough
Fee Schedule, for the replacement of a wheeled cart.
(4)
Residents may place up to three wheeled carts at one address
under the Borough's solid waste fee.
(5)
Wheeled carts shall be placed a minimum of two feet from any
parked car/vehicle or obstruction including, but not limited to, snow
mounds, mailboxes, utility poles, etc.
(6)
Residents who require more than three wheeled carts may purchase
additional capacity per the Borough Fee Schedule.
(7)
Residents shall be responsible for the cleanliness of the wheeled
cart and shall periodically clean the wheeled cart with soap and water
as necessary.
(8)
Residents may not alter the exterior appearance of a wheeled
cart in any manner except to affix temporary stick-on numbers to reflect
the resident's street number address only.
(9)
Residents shall not make any holes in or any other alteration
to their wheeled cart(s).
(10)
Customers are responsible for the cost of expenses incurred
for the cleanup of hazardous waste, trash, refuse, rubbish, garbage,
when required.
[Ord. No. 1233, 11/3/2021]
It shall be the responsibility of the owner or occupant of any
commercial or industrial property to properly and legally dispose
of all refuse and hazardous waste produced by an industrial or commercial
activity or process by contracting for the collection, conveyance,
and disposal of such refuse and waste with an authorized commercial
collector; collecting, conveying, and disposing of such refuse and
waste with its own vehicles; or contracting for the collection, conveyance,
and disposal of such refuse and waste with the municipal collection
service. In all instances, all such disposal activities must be in
accord with the other requirements of this Part 1, as well as state
and federal statutes, laws, codes, rules, and regulations. For purposes
of this Part 1, all buildings with four or more dwelling units shall
be treated as commercial properties.
[Ord. No. 1233, 11/3/2021]
The handling of refuse cans, containers, or similar objects
in which refuse from industrial and commercial properties is stored,
including refuse collection and/or compaction, is prohibited between
the hours of 10:00 p.m. and 7:00 a.m. when the sound associated with
such handling creates a noise disturbance across a property line.
[Ord. No. 1233, 11/3/2021]
Every owner of a commercial or an industrial property producing
refuse and having such refuse collected and removed by the municipal
collection service shall pay for such service in accordance with the
Borough's Fee Schedule.
[Ord. No. 1233, 11/3/2021]
All construction and demolition waste shall be removed from
the construction site by and at the expense of the owner of the premises
upon which such waste was produced.
[Ord. No. 1233, 11/3/2021]
1.
Any person who shall violate any provision of this Part 1, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs and attorney's fees. Each day that a violation of this Part 1 continues shall constitute a separate offense, and each section of this Part 1 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 1, or the failure to do any act or thing as to which any provision of this Part 1 creates any affirmative duty, shall constitute a violation of this Part 1 punishable as herein stated.
2.
Nothing included in this Part 1 shall be read to prevent the Borough
from enforcing the provisions herein through an action in equity.
[Ord. No. 1233, 11/3/2021]
The Borough Manager is hereby authorized to designate any officer
or employee of the Borough to monitor collection sites, receive complaints
of violations of this Part 1, and enforce the provisions of this Part
1. Violations shall be enforced through the issuance of a nontraffic
citation upon the person charged to be in such violation and/or any
other means allowed for under the Borough Code or other applicable
law.
[Ord. No. 1233, 11/3/2021]
1.
Pursuant to the authorization granted by Section 1202 of the Borough
Code (8 P.S. § 101 et. seq.),[1] the purpose of this Part 1 is to promote, protect, and
facilitate the public health, safety, and general welfare by:
A.
Instituting a mandatory recycling program in accordance with recommendations
from the State Assembly whereby the Borough shall be the sole agent
regulating the collection of solid waste and requiring residents to
participate in the Borough's trash and recycling collection services.
B.
Regulating the collection, accumulation, and storage of solid wastes
so as to:
(1)
Impede the propagation and the harboring of rats, mice, mosquitoes,
flies, and other vermin.
(2)
Eliminate filth and filthy deposits.
(3)
Reduce the opportunity for growth of pollen-bearing grasses
and weeds.
(4)
Eliminate attractive nuisances which may endanger the safety
of children.
(5)
Reduce the potential pollution of land, air, or water and the
disease-producing potential of decaying organic matter.
(6)
Reduce the potential of spontaneous combustion and fire.
(7)
Promote harmonious, peaceful, and comfortable neighborhood life
by the elimination of nuisances.
(8)
Provide for the preservation of valuable natural resources through
the elimination of recyclable materials from collection and landfills.
C.
Providing for the safe, orderly, and economic collection and removal
of accumulated waste.
D.
Provide for the disposal of solid waste in safe and sanitary methods
and in compliance with applicable state and local rules and regulations.
[1]
Editor's Note: See 8 Pa.C.S.A. § 1202.
[Ord. No. 1233, 11/3/2021]
1.
ASHES
AUTHORIZED COMMERCIAL COLLECTOR
BIMETAL CONTAINER
BOROUGH
BUILDING OR ACCESSORY STRUCTURE
BULK WASTE
COMMUNITY ACTIVITY
CONSTRUCTION AND DEMOLITION WASTE
COUNTY
DWELLING UNIT
GARBAGE
GLASS CONTAINERS
HAZARDOUS WASTE
HOUSEHOLD RUBBISH
INDUSTRIAL AND COMMERCIAL WASTE
LEAF WASTE
MAGAZINES AND PERIODICALS
MULTIFAMILY UNIT
MUNICIPAL COLLECTION SERVICE
MUNICIPAL WASTE
NEWSPAPERS
NONCOLLECTIBLE WASTE
PADEP
PERSON
RECYCLABLE MATERIALS/RECYCLABLES
RECYCLING
REFUSE
RUBBISH
SCAVENGING
STATE
VEHICLE
WHEELED CART
YARD WASTE
The following words, when used in this Part 1, shall have the meanings
ascribed to them in this Part 1, except in those instances where the
context indicates otherwise:
The residue resulting from the burning of wood, coal, or
any other combustible material. This definition excludes ashes resulting
from industrial process.
A person, firm, or corporation licensed to collect, convey,
and dispose refuse in accordance with the provisions of this Part
1.
An empty food or beverage container consisting of ferrous
sides and bottom and an aluminum top.
The Borough of Quakertown.
A building or other structure constructed, existing and used
in conformity with the zoning, building and fire prevention ordinances,
codes, and regulations of the Borough of Quakertown.
Items that, due to their size or shape, cannot be disposed
of in a Borough disposal trash can. This includes, but is not limited
to, large household appliances that do not contain freon, such as
stoves and washing machines; or furniture and furnishings of equivalent
size; plumbing fixtures; large crates; tools; machinery or parts thereof;
play equipment; garden equipment; exercise equipment; and similar
items.
Events sponsored in whole or in part by a municipality, nonprofit
organization, or sponsored private sponsor, which include, but are
not limited to, fairs, bazaars, socials, picnics, and organized sporting
events that will be attended by 50 or more individuals per day.
Lumber, roofing, material, sheathing, rubble, broken concrete,
plaster, brick, conduit, pipe, wire, insulation, and similar material
which results from a construction, demolition, or remodeling process.
The County of Bucks and its regulatory agencies.
Any room or group of rooms located within a building and
forming a single habitable unit with facilities which are used, or
intended to be used for, living, sleeping, cooking, and eating by
one family.
All animal and vegetable waste solids resulting from the
handling, preparation, cooking, and consumption of foods.
Clean bottles and jars made of clear, green, or brown glass.
Expressly excluded from this definition are non-container glass, porcelain,
and ceramic products.
Wastes that, in sufficient quantities and concentrations,
pose a threat to human life, human health, or the environment when
improperly stored, transported, treated, or disposed.
Paper (except newspaper), wood, excelsior, plastics, rags,
cloth, leather, rubber, metals, tin cans, metal foils, ceramics, crockery,
and similar items normally produced by, or originating from, private
residential occupancy; provided, however, that the items set forth
herein need not be produced by, or originate from, a residence to
be classed as "household rubbish." So long as such waste is similar
to the waste produced by or originating in a residence as to size,
weight, and material. "Household rubbish" specifically excludes materials
designated as recyclable.
Any material or substance which is a waste by-product of
the industrial or commercial process. This shall include packaging
materials and equipment used in the delivery or shipment of goods
to or from the industrial or commercial site.
Leaves, garden residues, shrubbery, tree trimmings, and similar
material, but not including grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed intervals. Expressly excluded are all other paper products
of any nature whatsoever.
A property which contains four or more residential units,
including, without limitation, apartment complexes, condominium complexes,
retirement homes, and mobile home parks.
A mandatory collection service established and operated by
the Borough of Quakertown or a private collection service under contract
with the Borough.
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 "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions,
containing advertisements and other matters of public interest. Expressly
excluded, however, are newspapers which have been soiled.
Includes poisons, acids, paint, caustics, explosives, appliances,
electronic devices, hazardous waste, human excreta, dead animals,
and other hazardous materials that may cause damage or injury to collection
equipment or personnel.
The Pennsylvania Department of Environmental Protection.
Any individual; partnership; corporation; association; institution;
cooperative enterprise; municipality; municipal authority; federal
government, department, institution, or agency; state government,
department, institution, or agency; or any other legal entity recognized
by law as the subject of rights and duties. In any provisions of this
Part 1 prescribing a fine, penalty, or any combination thereof, the
term "person" shall include the officers and directors of any corporation
or other legal entity having officers and directors.
Those materials specified by the Borough for collection in
accordance with the State of Pennsylvania recycling regulations. Such
material may include, but shall not be limited to, aluminum products,
clean glass containers, bimetal containers, newspapers, magazine and
periodicals, and plastic containers. What is specified to be "recyclable
material" may change depending upon what the Borough is able to dispose
of through municipal recycling efforts or changes through disposal
contracts and laws.
The separation, collection, processing, recovery, and sale
or reuse of metals, glass, paper, plastics, and other materials which
would otherwise be disposed of as solid waste.
All solid wastes, except body wastes, and shall include,
but not be limited to, ashes, rubbish, garbage, industrial and commercial
wastes, and junk; except that "refuse" shall specifically exclude
hazardous waste.
Solid waste exclusive of garbage (e.g., nonrecyclable glass,
metal, paper, or plastic; and plant material, wood, or nonputrescible
solid waste).
Uncontrolled or unauthorized removal of trash and recyclables
from curbside after being placed curbside for collection by the Borough.
The Commonwealth of Pennsylvania and its regulatory agencies.
Any device in, upon or by which any person or property is
or may be transported or drawn upon a public highway, excepting devices
moved by human power or used exclusively upon stationary rails or
tracks.
A light, two-wheeled, trash cart container provided by the
Borough to the customer, and of a size approved by the Borough Council
for use by the customers who pay a monthly fee in advance of the service
being provided. The cart will have the compatibility to be lifted
by the Borough's sanitation department staff members. A fee for additional
wheeled cart(s) shall be established from time to time by the Borough
Council in the Borough Fee Schedule, such fee to be added to the customers
utility bill.
Organic material such as brush, twigs, leaves, garden residue,
shrubbery, grass clippings, branches.
2.
For the purpose of Part 1, the singular shall include the plural
and the masculine shall include the feminine and neuter.
[Ord. No. 1233, 11/3/2021]
It shall be unlawful to dump, destroy, or otherwise dispose
of refuse within the jurisdictional limits of the Borough.
[Ord. No. 1233, 11/3/2021]
All refuse shall be deposited and disposed of at a site designated
by the County of Bucks as a county landfill or other state-approved
disposal site by an authorized hauler.
[Ord. No. 1233, 11/3/2021]
An exception to the above requirement to deposit or dispose
of refuse at a state-approved site shall be for scrap or salvageable
material which may be delivered or sold to a processing plant for
reclamation and salvaging.
[Ord. No. 1233, 11/3/2021]
1.
No person shall accumulate, store, or permit to be accumulated or
stored any refuse on any property within the Borough of Quakertown
in quantities not authorized by this Part 1; provided, however, that
these regulations shall not apply to any refuse accumulated or stored
within a building or accessory structure constructed and maintained
in accordance with duly established health, zoning, and building laws,
codes, and regulations, nor to the storage of clean material designated
as a recyclable by the Borough.
A.
Compliance required of multifamily unit owners. For multifamily buildings/complexes
containing four or more units, the property owner shall provide proper
collection and disposal of regulated municipal waste and designated
recyclable materials by contracting a permitted collector to deliver
such waste and recycling to an approved facility. The Borough has
the option to offer trash and recycling collection services to such
multifamily units at the request of the owner, provided that all units
in the building/complex participate in the service being offered by
the Borough.
B.
Multifamily units.
(1)
Multifamily units with 10 or more residential units, including
apartment complexes, condominium complexes, retirement homes, and
mobile home parks, which provide the proper collection and disposal
of regulated municipal waste and designated recyclable materials by
utilizing a permitted private collector to deliver such waste and
recycling to an approved facility as required under this Chapter shall
be exempt from the solid waste fee.
C.
Multifamily units with four to nine residential units may be exempt
from the solid waste fee upon the presentation to the Borough of a
certified statement and a valid contract(s) demonstrating that all
required trash and recycling services (including trash, commingled
recycling, newspaper/cardboard, bulk waste, yard waste, and Christmas
trees) are provided to the property by one or more private permitted
collector which delivers the units' waste and recycling to an approved
facility.
D.
Each multifamily unit owner shall:
(1)
Provide recycling containers at easily accessible locations
for source separation of designated recyclable materials;
(2)
Provide written instructions to all persons occupying each multifamily
unit to ensure that all designated recyclable materials are source
separated;
(3)
Provide collection and delivery to a facility of source-separated
designated recyclable materials at a frequency of not less than once
per week; and
(4)
Provide to the Borough annually by February 1 a written report
on what materials were recycled and their weights for the previous
calendar year.
[Ord. No. 1233, 11/3/2021]
1.
Garbage shall be drained of liquid, wrapped securely in paper, plastic
bags, or similar material and placed with other household rubbish
in an approved container. Garbage shall not be stored for a period
exceeding seven days. An exception to the above accumulation and storage
methods for restaurants, institutions, and commercial food-handling
and processing uses may be granted by the Borough through written
agreement setting forth the specific conditions and regulations to
be applied.
2.
Organic materials being composted shall be stored in such a manner
as not to create a nuisance or to endanger the public safety. Given
this condition, organic materials being composted may be stored for
more than seven days.
[Ord. No. 1233, 11/3/2021]
1.
Authorized Containers and Packaging. Household rubbish and garbage
shall be collected, stored, and/or prepared for collection only in
the following containers and methods:
A.
The municipal collection service shall be the sole collecting service
for residential rubbish and garbage.
B.
For disposal of rubbish and garbage, Borough residents will be required
to place all household rubbish and garbage for collection in the wheeled
cart. The Borough will only collect household rubbish and garbage
contained in the wheeled cart or Borough-approved receptacles, not
larger in capacity of 55 gallons and not filled to a weight greater
than 40 pounds. Wheeled carts shall not be filled in any manner that
does not allow the lid to rest in the fully closed position. Tree
trimmings, shrubbery clippings, and similar material shall be cut
in lengths not to exceed four feet and securely tied with string or
twine in bundles not more than 40 pounds in weight. Trimmings not
prepared as prescribed or exceeding four bundles will not be collected
and must be disposed at the Borough's branch drop-off collection site
at designated dates and times. Material denied for collection under
this provision may be collected by a private hauler.
2.
Household rubbish and garbage shall not be stored in a manner that
creates offensive or obnoxious odors.
[Ord. No. 1233, 11/3/2021]
It is mandatory that ashes be thoroughly extinguished before
placement for collection. Ashes shall be disposed of in a separate
disposal bag and placed in the trash wheeled cart.
[Ord. No. 1233, 11/3/2021]
1.
Recyclables, as defined herein, shall be collected in accordance
with these regulations.
2.
Separation of Recyclables. All designated recyclables and leaf waste
shall be kept separate from municipal waste, for the purposes of recycling
and composting, respectively, to the extent required by the following
provisions:
A.
Owners and occupants of all residential properties shall keep separate
those materials designated in the Borough's rules and regulations
for the purpose of curbside recycling and leaf waste for the purpose
of composting.
B.
Owners and occupants of all commercial, municipal, and institutional
establishments and properties and sponsors or organizers of community
activities shall keep separate the following recyclables: aluminum
cans, corrugated paper, office paper, and any other materials as designated
in the Borough's rules and regulations. Leaf waste shall also be kept
separate for the purpose of composting. Commercial, municipal, or
institutional solid waste generators must submit an annual report
showing materials that were recycled and the total number of tons
recycled for the previous calendar year to the Borough's Recycling
Coordinator no later than February 1 of each year.
C.
Recyclables shall be prepared, stored and set at the curb in accordance
with the provisions set forth in the Borough's rules and regulations.
D.
All source-separated recyclable materials collected in the Borough's
recycling program must be marked for recycling.
3.
Municipal Waste Haulers.
A.
Municipal waste collectors shall be responsible for the marketing
of recyclable materials collected within the Borough. Recyclable materials
must be recycled and may not be mixed with rubbish or garbage or disposed
of in a nonrecyclable way without written permission from the PADEP.
B.
Municipal waste collectors shall be responsible for delivering source-separated
leaf waste collected in the Borough to a PADEP-approved composting
facility. Source-separated leaf waste may not be disposed of as municipal
waste or mixed with municipal waste without written permission from
the PADEP.
[Ord. No. 1233, 11/3/2021]
1.
A monthly solid waste fee, as established by Council by resolution
from time to time and set forth in the Borough Fee Schedule, is hereby
imposed upon and shall be charged against the occupant/resident of
record at any residential property/residential dwelling unit for which
trash, recycling, or bulk waste removal services are provided by the
Borough. The monthly solid waste fee shall apply whenever the Borough
offers a municipal collection service to the property/unit, regardless
of what method of refuse, trash, or rubbish removal is used by the
occupants of that property/unit, without exception.
2.
The solid waste fee billing will be mailed monthly as part of the
customer's utility bill from the Borough. In the event a tenant-occupied
unit does not pay the solid waste fee, the owner of this unit shall
be responsible for payment. So that the owner may be aware of the
status of payment of the solid waste fee, the owner shall be permitted
to obtain tenant account payment information from the Borough upon
request. Properties with multiple units will be charged and billed
for each unit. Payment shall be due within 20 days from the date of
the bill.
3.
If the bill for any property/unit is not paid within 45 days after
the date of the bill, a 10% penalty shall be added thereto. If the
payment, plus penalty, is not paid within 45 days after the date of
the revised bill (i.e., 90 days after the date of the original bill),
the aggregate amount thereof shall bear interest from the penalty
date at a rate of 10% per annum, or the maximum rate permitted by
law. Any unpaid bill (together with penalties and interest thereon,
to the extent permitted by law) and all delinquent costs shall be
a lien on the subject property/unit, which may be collected by any
available legal action. Costs, expenses, and reasonable attorney's
fees incurred by the Borough concerning the collection of any unpaid
solid waste fee shall be added to the unpaid bill along with penalties
and interest and the aggregate of the same may be entered as a municipal
lien on the subject property/unit served and collected in the manner
provided by the Municipal Claims Act, 53 P.S. § 7101 et
seq.
4.
Vacant properties/units will not be charged the solid waste fee if
the Borough is properly notified of the vacancy. It is the responsibility
of the owner and/or landlord to notify the Borough's Customer Relations
Department in writing of any vacancy and to request the suspension
of the municipal collection service during the period the property
is vacant. Such notification must be provided prior to the property/unit
becoming vacant. Failure to notify the Borough Utility Billing Department
of re-occupancy of a vacant property/unit constitutes a violation
of this Chapter and will result in penalties.
[Ord. No. 1233, 11/3/2021]
Industrial and commercial waste stored outside of buildings
shall be stored in containers of suitable size, shape, and material
so as to prohibit the waste from being scattered by wind or rain and
shall prohibit accessibility of such waste to rodents and other vermin.
An exception to the container requirement shall be for an inorganic
industrial by-product waste of such quantity that container storage
is impractical. In such latter instance, storage shall be by a means
which will prohibit the waste material from becoming a nuisance to
the neighborhood and from being scattered, blown, or otherwise carried
away from the area where it is stored. In all instances, particulate
wastes shall not be stored for periods exceeding seven days, and all
other wastes shall not be stored for periods exceeding 30 days.
[Ord. No. 1233, 11/3/2021]
Construction and demolition waste may be stored upon the land
where actual construction or demolition is in progress; provided,
however, that such waste shall not be stored for a period exceeding
90 days and shall not be stored in a way which will allow it to be
scattered, blown, or otherwise carried away from the area where it
is stored.
[Ord. No. 1233, 11/3/2021]
Bulk waste shall not be stored outside of a building or accessory
building, except for a period not exceeding 14 days pending collection
and disposal. However, brush, tree trimmings, yard clippings, leaves,
grass, or other waste from live plantings may be stored for longer
periods if necessary, until the next scheduled collection day for
such items or for composting as future mulch material. Commercial
and industrial properties shall not place bulk items for collection
by the municipal collection service. It shall be a violation of this
Part 1 for any individual to place bulk waste for collection by municipal
collection if that waste is not generated at or directly associated
with the residence. Bulk waste shall be collected monthly from residential
customers and shall be limited to one item per month per household.
Council may from time to time, by resolution, establish certain bulk
waste items as fee-for-collection items and establish regulations
and charges for the collection of such items.
[Ord. No. 1233, 11/3/2021]
1.
The collection of all ashes, garbage, household rubbish, yard waste,
Christmas trees, recyclables, and bulk waste from residences in the
Borough shall be by the municipal collection service, except as herein
provided, in accordance with the following:
A.
All refuse shall be prepared for collection in strict conformity
with this Part 1 and deposited for collection in accordance with rules
and regulations as adopted by the Borough from time to time.
B.
The Borough may refuse to collect improperly prepared material and
may give notice of such by affixing a warning notice to the container
or material citing the violation. Failure to comply after first warning
notice may result in prosecution under this chapter.
C.
Except when specifically authorized by the Borough, wheeled carts
shall be placed for collection at ground level on the property, not
within the right-of-way of a street or alley, and readily accessible
to and not more than 10 feet from the side of the street or alley
from which the collection is made. A wheeled cart must be placed so
that the arrow on the lid is pointed toward the street/alley.
D.
Routes of collection will be along streets, alleys, and rights-of-way
as established by the Borough from time to time. Routes and pickup
points will be determined by the Borough on the basis of the most
efficient routing of collection equipment. It is the responsibility
of the customer to provide access for Borough collection vehicles.
E.
It shall be unlawful for any person to place for collection any municipal
waste, refuse, recyclables, or bulk trash item not produced at the
address from which collection is made or to bring any municipal waste,
refuse, recyclables, or bulk trash into the Borough or from one address
to another within the Borough for the purpose of taking advantage
of the municipal collection service. It shall also be unlawful for
any resident to deposit refuse or bulk items for residential collection
service, which refuse was produced by any nonresidential activity
or enterprise.
F.
It shall be unlawful to store with household rubbish or place for
collection by the municipal collection service any noncollectible
waste.
G.
Wheeled carts, refuse/recycling containers, and other items being
left for collection shall not be placed at collection points any earlier
than 6:00 p.m. on the day prior to scheduled collection and no later
than 6:00 a.m. on the day of collection. Empty carts and containers
shall be removed from the collection points prior to 6:00 p.m. on
the day of collection. In no event shall any cart or container remain
at curbside for more than 24 hours.
H.
Any person found scavenging shall be in violation of this Part 1
and subject to its fines and penalties as set forth herein.
I.
In addition to the preceding requirements of this Part 1, the following
shall apply to all households using wheeled carts:
(1)
The only trash receptacle permitted for use in conjunction with
the municipal collection service is the wheeled cart that is provided
by the Borough or a Borough-authorized receptacle;
(2)
The Borough retains ownership of the Borough-provided wheeled
cart. Any additional carts purchased by customer are the property
of the customer.
(3)
Residents are responsible for the cost, as set by the Borough
Fee Schedule, for the replacement of a wheeled cart.
(4)
Residents may place up to three wheeled carts at one address
under the Borough's solid waste fee.
(5)
Wheeled carts shall be placed a minimum of two feet from any
parked car/vehicle or obstruction including, but not limited to, snow
mounds, mailboxes, utility poles, etc.
(6)
Residents who require more than three wheeled carts may purchase
additional capacity per the Borough Fee Schedule.
(7)
Residents shall be responsible for the cleanliness of the wheeled
cart and shall periodically clean the wheeled cart with soap and water
as necessary.
(8)
Residents may not alter the exterior appearance of a wheeled
cart in any manner except to affix temporary stick-on numbers to reflect
the resident's street number address only.
(9)
Residents shall not make any holes in or any other alteration
to their wheeled cart(s).
(10)
Customers are responsible for the cost of expenses incurred
for the cleanup of hazardous waste, trash, refuse, rubbish, garbage,
when required.
[Ord. No. 1233, 11/3/2021]
It shall be the responsibility of the owner or occupant of any
commercial or industrial property to properly and legally dispose
of all refuse and hazardous waste produced by an industrial or commercial
activity or process by contracting for the collection, conveyance,
and disposal of such refuse and waste with an authorized commercial
collector; collecting, conveying, and disposing of such refuse and
waste with its own vehicles; or contracting for the collection, conveyance,
and disposal of such refuse and waste with the municipal collection
service. In all instances, all such disposal activities must be in
accord with the other requirements of this Part 1, as well as state
and federal statutes, laws, codes, rules, and regulations. For purposes
of this Part 1, all buildings with four or more dwelling units shall
be treated as commercial properties.
[Ord. No. 1233, 11/3/2021]
The handling of refuse cans, containers, or similar objects
in which refuse from industrial and commercial properties is stored,
including refuse collection and/or compaction, is prohibited between
the hours of 10:00 p.m. and 7:00 a.m. when the sound associated with
such handling creates a noise disturbance across a property line.
[Ord. No. 1233, 11/3/2021]
Every owner of a commercial or an industrial property producing
refuse and having such refuse collected and removed by the municipal
collection service shall pay for such service in accordance with the
Borough's Fee Schedule.
[Ord. No. 1233, 11/3/2021]
All construction and demolition waste shall be removed from
the construction site by and at the expense of the owner of the premises
upon which such waste was produced.
[Ord. No. 1233, 11/3/2021]
1.
Any person who shall violate any provision of this Part 1, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs and attorney's fees. Each day that a violation of this Part 1 continues shall constitute a separate offense, and each section of this Part 1 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 1, or the failure to do any act or thing as to which any provision of this Part 1 creates any affirmative duty, shall constitute a violation of this Part 1 punishable as herein stated.
2.
Nothing included in this Part 1 shall be read to prevent the Borough
from enforcing the provisions herein through an action in equity.
[Ord. No. 1233, 11/3/2021]
The Borough Manager is hereby authorized to designate any officer
or employee of the Borough to monitor collection sites, receive complaints
of violations of this Part 1, and enforce the provisions of this Part
1. Violations shall be enforced through the issuance of a nontraffic
citation upon the person charged to be in such violation and/or any
other means allowed for under the Borough Code or other applicable
law.
[Ord. No. 1233, 11/3/2021[1]]
This Part 2 shall be known and referred to as the "Borough Waste
Collection and Transportation Ordinance."
[1]
Editor's Note: This ordinance also repealed former Part 2,
Waste Collection and Transportation, Ord. 1131, 8/1/2007.
[Ord. No. 1233, 11/3/2021]
1.
ACT 101
ACT 90
ACT 97
BOROUGH
COLLECTOR
COMMERCIAL ESTABLISHMENT
COUNTY
DISPOSAL
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
LEAF WASTE
LICENSED COLLECTOR
MUNICIPAL WASTE
PADEP
PERSON
PROCESSING
RECYCLABLE MATERIALS/RECYCLABLES
RECYCLING
SCAVENGING
SOURCE-SEPARATED RECYCLABLE MATERIALS
TRANSPORTATION
The following words and phrases as used in this Part 2 shall have
the meaning ascribed to them herein unless the context clearly indicates
a different meaning.
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988 (Act 1988-101, July 28, 1988).[1]
The Pennsylvania Waste Transportation Safety Act of 2002
(P.L. 596, No. 90, June 29, 2002).[2]
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980).[3]
The Borough of Quakertown, Bucks County, Pennsylvania.
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.
Any establishment engaged in 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).
Any establishment engaged in manufacturing, processing, 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.
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, department, institution, or agency; state government,
department, institution, or agency; or any other legal entity recognized
by law as the subject of rights and duties. In any provisions of this
Part 2 prescribing a fine, penalty, or any combination thereof, 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 waste, recyclables, 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.
Those materials specified by the Borough for collection in
accordance with the State of Pennsylvania recycling regulations. Such
material may include, but shall not be limited to, aluminum products,
clean glass containers, bimetal containers, newspapers, magazine and
periodicals, plastic containers, and yard wastes. What is specified
to be "recyclable material" may change depending upon what the Borough
is able to dispose of through municipal recycling efforts or changes
through disposal contracts and laws.
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) for 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.
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.
2.
For the purpose of Part 2, the singular shall include the plural
and the masculine shall include the feminine and neuter.
[Ord. No. 1233, 11/3/2021]
1.
It shall be unlawful for any person to collect and/or transport municipal
waste from any residential, public, commercial, industrial, or institutional
establishment within Quakertown Borough without first securing written
authorization from the PADEP in accordance with the provisions of
Act 90.
2.
It shall be unlawful for any person to store, collect, and/or transport municipal waste or source-separated recyclable materials from any sources within Quakertown Borough in a manner not in accordance with the provisions of this Part 2; any applicable municipal ordinance; the applicable Bucks County Municipal Waste Management 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 statute, law, ordinance, code, rule, or regulation.
3.
It shall be unlawful for any person to scavenge any material from
any municipal waste or source-separated recyclable materials that
are stored or placed for subsequent collection within Quakertown Borough.
[Ord. No. 1233, 11/3/2021]
1.
All collectors operating within Quakertown Borough must comply with
the following minimum standards and regulations:
A.
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 these Acts.
B.
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.
C.
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.
D.
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.
E.
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.
F.
All collection vehicles and equipment used by collectors shall be
subject to inspection by the Quakertown Borough or its authorized
agents at any reasonable hour without prior notification.
[Ord. No. 1233, 11/3/2021]
1.
No person shall collect or remove any municipal waste from within
the Borough 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. This Section shall not
apply to private individuals (e.g., homeowners) who wish to transport
their own household waste to PADEP-approved facilities or recyclables
to appropriate recycling centers, nor to farmers, landscapers or nurserymen
who collect, remove, haul, or otherwise transport agricultural or
other organic waste associated with their respective business activities.
2.
Prior to collecting and/or transporting municipal waste and recycling
within the Borough, a collector shall submit a registration form to
the Borough which form shall include a copy of the collector's/hauler's
written authorization issued by PADEP, and a copy of its municipal
and residual waste transporter authorization permit (DEP form 2500-PM-
BWM0015) along with any of the following information that may be deemed
appropriate by the Borough:
A.
A list of collection vehicles covered under the written authorization,
including, as a minimum, the following information for each vehicle:
identification information (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;
B.
The type of municipal waste to be collected and transported; and
C.
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 Borough Council.
3.
Any person who fails to satisfy the minimum standards and requirements
of this Part 2 or is in violation of the provisions of this Part 2
shall not collect municipal waste or source- separated material in
Quakertown Borough.
4.
All licensed collectors 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. No. 1233, 11/3/2021]
All licensed collectors of source-separated recyclable materials
operating within the Borough 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 collectors
of source- separated recyclable materials operating in the Borough
shall prepare and submit an annual report to the Borough on the official
collectors and haulers recyclables documentation reporting form. The
report shall be submitted by the licensed collector and collectors
of source-separated recyclable materials to the Borough by January
31 of each year and include all required information pertaining to
the preceding calendar year.
[Ord. No. 1233, 11/3/2021]
Any person who shall violate any provision of this Part 2, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs and attorney's fees. Each day that a violation of this Part 2 continues shall constitute a separate offense, and each section of this Part 2 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 2, or the failure to do any act or thing as to which any provision of this Part 2 creates any affirmative duty, shall constitute a violation of this Part 2 punishable as herein stated. Licensed collectors who shall violate any provision of this Part 2 may be reported to the PADEP by the Borough and may be subject to the revocation of the state authorization to transport municipal waste, as described in Act 90.
[Ord. No. 1233, 11/3/2021]
Nothing included in this Part 2 shall be read to prevent the
Borough from enforcing the provisions herein through an action in
equity.
