Borough of Red Hill, PA
Montgomery County
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Table of Contents
Table of Contents
[Ord. 2017-537, 6/14/2017[1]]
This Chapter shall be known as the "Municipal Waste Collection and Recycling Ordinance."
[1]
Editor's Note: This ordinance also provided for the repeal of former Ch. 20, Solid Waste, Part 1, Collection and Removal, adopted 6/6/1966 by Ord. 135, as amended, and Part 2, Charge for Collection and Removal, adopted 3/12/2003 by Ord. 414, as amended.
[Ord. 2017-537, 6/14/2017]
1. 
As used in this Chapter, the following terms shall have the meanings indicated:
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction Act of 1988, as amended.[1]
ACT 97
The Solid Waste Management Act of 1980, Act of July 7, 1980, P.L. 380, No. 97, 35 P.S. § 6018.101 et seq., as amended.
ASHES
The residue from the burning of wood, coal, or other combustible materials for the purpose of heating and cooking.
BULK ITEMS
Waste materials and durable goods too large for collection in garbage bags or tote containers, such as discarded furniture, small household appliances, fixtures and other such items, but excluding hazardous waste, tires and white goods.
GLASS
Products made from silica or sand, soda ash and limestone. The product may be transparent (clear) or colored (e.g., brown or green) and used as a container for packaging (e.g., jars) or bottling of various matter. Expressly excluded are non-container glass, window or plate glass, light bulbs, blue glass and porcelain and ceramic products.
GRASS CLIPPINGS
The cut off portion of vegetation produced from cutting of a lawn, field or similar grassed area.
HOUSEHOLD HAZARDOUS WASTE
Small quantities of hazardous waste (as defined in the Solid Waste Management Act) available to a person or entity on a retail basis, such as pesticides, certain paints, paint thinners and solvents, cleaning agents and automotive products.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings, twigs and similar material, but does not include grass clippings.
MUNICIPAL WASTE
Any municipal waste as defined by Section 103 of the Solid Waste Management Act and Section 103 of Act 101 and any rules and regulations promulgated thereunder.
PERSON
Any individual, firm, partnership, corporation, business, association, institution, cooperative enterprise, trust, municipality, municipal authority, federal or state institution or agency, other governmental agency or any other legal entity or group whatsoever which is recognized by law as the subject of rights and duties. In any provision of this Chapter prescribing a fine, penalty or imprisonment or any combination of the foregoing, the term "person" shall mean the officers and directors of any corporation or other legal entity having officers and directors.
RECYCLABLE MATERIALS
Materials generated by a person that can be separated from municipal waste and returned to commerce to be reused as a resource in the development of useful products. Materials which shall be recycled include but are not limited to: glass (clear, brown or green), aluminum, bimetal cans; high-grade office paper, mixed paper, newspaper (including newspaper inserts, junk mail and telephone books), corrugated paper, magazines and other periodicals, plastic containers and other materials as may be designated from time to time as recyclable materials.
REFUSE
The animal, fruit and vegetable waste resulting from the handling, preparation, cooking and consumption of foods. It shall not include free liquids, condemned food products or food-processing wastes from industries such as canneries or packing plants.
RESIDENTIAL BUILDING
Any building that contains up to 10 dwelling units in one building. A residential building containing more than 10 dwelling units shall be treated as a commercial property for purposes of this Chapter unless the dwelling units are individually owned with individual entrances.
WHITE GOODS
Refrigerators, washing machines, dryers, window air conditioners, hot-water heaters and other major home appliances.
YARD WASTE
Grass Clippings, Leaf Waste and other types of biodegradable material and mixtures of decayed or decaying organic material.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
2. 
All terms not separately defined in this Chapter that are contained in Act 97 and Act 101 are incorporated herein by reference.
[Ord. 2017-537, 6/14/2017]
1. 
The reduction of the amount of municipal waste and conservation of recyclable materials is an important public concern by reason of the growing problem of municipal waste disposal and its detrimental impact on the environment.
2. 
It is the intent of this Chapter to promote and regulate recycling activities in the Borough and to protect the health, safety and welfare of residents.
3. 
This Chapter has been developed to meet and implement municipal responsibilities established under Act 101.
[Ord. 2017-537, 6/14/2017]
1. 
Borough Council may, from time to time, award a single hauler contract to a municipal waste and/or recycling hauler for the collection of all municipal waste and/or recyclable materials from residential properties in accordance with the terms, conditions and specifications set forth within any such contract with the single hauler.
[Ord. 2017-537, 6/14/2017]
1. 
In the event the Borough of Red Hill enters into a single hauler contract for the collection and disposal of municipal waste and/or the collection of recyclable materials from all residences, residential buildings and municipal facilities located in the Borough, all persons within the Borough of Red Hill, other than those excluded under Paragraph 2 of § 20-107, shall dispose of municipal waste by the municipal collection service only, and no person shall transport or dispose of municipal waste by any means not approved by this Chapter or by the Borough Council.
2. 
Borough Council is hereby authorized to contract for the collection of municipal waste and/or recyclable materials and to award a contract therefor, from time to time, for such period of time as shall be determined by Borough Council, which contract shall require the contractor to assume all responsibility for the collection of municipal waste and/or recyclable materials in the Borough of Red Hill in accordance with the provisions of this Chapter, all regulations, orders and specifications provided under the authority thereof, and the requirements of Act 97 and Act 101. The aforesaid contract shall fix and regulate, in a manner not inconsistent with the terms of this Chapter, the disposal outside the boundaries of the Borough of Red Hill of all such municipal waste and/or recyclable materials and the manner, method and time of collecting and conveying solid waste and/or recyclable materials, the type of equipment required for the purpose, the price to be paid for the performance of said contract and the time or times for the payment thereof.
3. 
All municipal waste and/or recyclable materials to be collected pursuant to this Section shall be placed curbside in separate containers for waste and/or recycling to be supplied to residents by the contractor selected by Borough Council to perform municipal waste and/or recycling collection services. Residents may place municipal waste out for collection on each designated collection day without volume restrictions, except as may be set forth in the contract, and may further supplement the hauler-provided waste and/or recycling containers with their own container(s) or trash bag(s); provided, however, that excessively heavy containers may be refused service by the municipal waste contractor.
4. 
In the event collection of recyclable materials is awarded pursuant to a single hauler contract, the Borough, in conjunction with the hauler awarded the single hauler contract, shall promulgate and publish a list of recyclable materials for curbside collection. The collection of recyclable materials shall be in accordance with the frequency specified in the single hauler contract and pursuant to the terms, conditions and specifications of the single hauler contract.
5. 
Properties within the Borough which are not subject to curbside collection of municipal waste and/or recyclable materials under a single hauler contract shall be required to contract with a reputable waste hauler for the regular removal of municipal waste and/or recyclable materials (collection of recyclable materials shall be at the option of the property owner) in accordance with the requirements of Act 101, as amended, and Act 97, as amended. No person shall be permitted to transport or dispose of municipal waste by any means not approved by Act 101, as amended, Act 97, as amended, or by this Chapter or by Borough Council.
6. 
The Borough Council shall have the authority to make regulations concerning the day of collection, type and location of municipal waste and/or recycling containers and such other matters pertaining to the collection and disposal of municipal waste and recyclable materials as it may deem advisable and to change or modify the same after notice as required by law, provided that such regulations are not contrary to the provisions hereof. The Borough Council is further authorized to arrange and establish dates, schedules and hours by contract with the approved hauler for the collection of municipal waste and recyclable materials in the various sections of the Borough and shall give public notice thereof. Such schedules shall provide for at least one collection each week for municipal waste and one collection each week for recyclable materials throughout the year.
7. 
The collection of bulk items may be limited by the municipal waste hauler selected by the Borough, and the Borough may promulgate rules and regulations for collection of bulk items consistent with the terms of the contract.
8. 
The Borough Council is authorized to make regulations concerning the hauling over the streets of the Borough of Red Hill of municipal waste collected outside of the Borough of Red Hill. No refuse shall be hauled over the streets of the Borough except in a watertight vehicle provided with a tight cover so as to prevent offensive odors escaping therefrom and refuse from being blown, dropped or spilled therefrom. No refuse shall be dumped or disposed of within the limits of the Borough of Red Hill.
[Ord. 2017-537, 6/14/2017]
1. 
Each person or entity who or which generates municipal waste in the Borough is encouraged to separate recyclable materials from municipal waste in accordance with Act 101 as implemented by the Borough. This shall include tenants and lessees occupying leased properties.
2. 
Every commercial, industrial, institutional and other nonresidential establishment located in the Borough of Red Hill shall contract with an individual, entity or firm which is a licensed municipal waste collector by the Commonwealth of Pennsylvania, Department of Environmental Protection, to have all the municipal waste and/or recyclable materials generated on the premises by any of the occupants of the premises removed and disposed of in accordance with this Chapter.
3. 
Every person or entity located in the Borough of Red Hill must separate household hazardous waste and leaf waste from municipal waste and recyclable materials. It is the responsibility of each person or entity to dispose of household hazardous waste in accordance with applicable law.
4. 
Municipal waste and recyclable material containers shall be placed on the property owner side of the curb for collection. Enforcement of container rules for placement at curbside shall be the responsibility of the Borough. No such municipal waste containers or recyclable material containers (other than containers supplied by municipal waste collectors) shall weigh more than 50 pounds.
5. 
The Borough specifically encourages every person or entity to let grass clippings lay on the lawn to decompose as a natural organic fertilizer in order to reduce the amount of grass clippings that are disposed of as municipal waste. In the event that a person or entity does not let grass clippings lay on the lawn after mowing, the Borough further encourages such persons to provide for the composting of grass clipping at a compost facility which accepts grass clippings. In accordance with the requirements of Act 101, any grass clippings that are not allowed to lay on the lawn or disposed of at an appropriate composting facility may be comingled with other municipal waste and collected curbside.
[Ord. 2017-537, 6/14/2017]
1. 
All occupants of a residential dwelling or residential building are encouraged to separate and recycle all recyclable materials being collected curbside by the hauler under contract with the Borough.
2. 
Commercial, industrial, institutional and other nonresidential establishments are encouraged to separate and recycle the following: corrugated paper, high-grade office paper, aluminum cans, bimetallic cans, No. 1 PET plastics, No. 2 HDPE plastics, No. 4 LDPE plastics, No. 5 PP plastics.
3. 
Hospitality establishments, including restaurants and taverns, are encouraged to separate and recycle the following: cardboard, high-grade office paper, newspaper (including newspaper inserts, junk mail and telephone books), aluminum cans, bimetallic cans, No. 1 PET plastics, No. 2 HDPE plastics, No. 4 LDPE plastics and No. 5 PP plastics.
4. 
Community events. Recycling containers shall be provided at all community events attended by 150 or more people. The disposal of recyclable materials collected at such events shall be in accordance with the provisions of this Chapter.
[Ord. 2017-537, 6/14/2017]
1. 
Reporting and recordkeeping requirements.
A. 
All municipal waste collectors shall deliver or send, at least once every six months, an information sheet that identifies the materials which may be recycled.
B. 
Municipal waste collectors shall be responsible for obtaining weight and volume data on all municipal waste and recyclable materials collected by them in the Borough. Said data shall be supplied to the Borough on a monthly basis upon completion of each month. Such report shall include the name of the market or processor where recyclable materials are delivered and shall be signed by an officer of the municipal waste collector.
C. 
Municipal waste collectors shall maintain records of their collection, removal, transportation and hauling activities for the Borough and make them available for inspection by the Borough.
2. 
Collection, processing, marketing and reporting requirements.
A. 
Each municipal waste collector operating in the Borough shall be responsible for complying with the requirements of this Chapter and any rules and regulations promulgated by Borough Council.
B. 
The municipal waste collector shall be responsible for the processing and marketing of the recyclable materials or the delivery of recyclable materials to a recycling processor. Such activities may be conducted by the municipal waste collector or any agent thereof or a private entity conducting such business, a nonprofit entity able to undertake such effort or any governmentally owned or operated facility capable of such functions. Prior to initiating processing activities, the municipal waste collector shall provide the Borough with the location of the facility to which the recyclable materials will be delivered, to the maximum extent possible. All such facilities shall be appropriately licensed and permitted. Updates shall be provided as changes are made.
C. 
A municipal waste collector shall not be permitted to allow recycling containers or dumpsters to fill beyond capacity and shall schedule the frequency of such collection accordingly.
D. 
All municipal waste collectors shall keep records of the quantities of recyclable materials collected in the Borough. The records shall include the weight of the total quantities of recyclable materials and total quantities of municipal waste and an estimate of the corresponding volume of material for both recyclable materials and municipal waste. Estimates of the individual components comprising the commingled recyclable materials shall also be provided. Written reports shall be provided to the Borough on a monthly basis and may be on reporting forms provided by the Borough, shall include the name and location of the processing center and/or recyclable materials dealer, and shall be submitted in accordance with the time schedules established in this Chapter.
E. 
Leaf waste quantities shall be recorded by the municipal waste collector collecting such materials. Such quantities may be in the form of estimates on either a cubic yard or tonnage basis collected, and written documentation must be provided to the Borough on a monthly basis upon completion of each month. The collector has the option of reporting tonnage either in compacted or non-compacted cubic yards.
F. 
Municipal waste collectors shall not collect refuse, recyclable materials or any other wastes between the hours of 8:00 p.m. and 7:00 a.m. Eastern standard time or, when applicable, between 8:00 p.m. and 7:00 a.m. Eastern daylight saving time. Failure to comply with this provision shall subject a municipal waste collector to enforcement by the Borough.
[Ord. 2017-537, 6/14/2017]
1. 
All recyclable materials and municipal waste placed at curbside for collection or in any container or dumpster designated for recyclable materials shall become the property of the municipal waste collector providing the service.
[Ord. 2017-537, 6/14/2017]
1. 
Any person, volunteer organization or other entity may utilize alternative methods, other than collection by a municipal waste collector, to accomplish the purpose of reutilizing recyclable materials. Any such person, volunteer organization or other entity shall register such programs with the Borough. All recyclable materials tonnage data shall be collected and reported to the Borough in accordance with all applicable procedures for the reporting of such information.
2. 
The Borough is authorized to permit an alternate recycling program to be developed in accordance with Paragraph 1501(h) of Act 101 if the requirements of that paragraph can be complied with. The Borough shall, before implementation of the program, review and approve the program. The municipal waste collector conducting the program must provide annual written documentation to the Borough of the total quantity of each material recycled.
[Ord. 2017-537, 6/14/2017]
1. 
If required by the Borough's single hauler contract, municipal waste collectors shall provide for the curbside collection of leaf waste at least once during the spring and at least once during the fall of each year. The collection of leaf waste may be augmented by designation of a drop-off compost facility for haulers and residents to utilize.
2. 
Leaf waste collection shall be conducted by the municipal waste collectors in accordance with regulations of DEP. All leaf waste shall be disposed of in a DEP-permitted compost facility in accordance with all applicable state guidelines.
3. 
All municipal waste collectors shall provide the Borough with the name and address of the facility where the leaf waste will be disposed and report the quantity in tons or cubic yards. Leaf waste shall not be commingled with any other municipal solid waste. The disposal of leaf waste at a sanitary landfill, waste-to-energy facility or any other non-composting facility is strictly prohibited.
4. 
Leaf waste shall not be left in a form which obstructs the flow of traffic or affects the performance of drainage facilities or catch basins.
5. 
The Borough may, at its option, designate or provide a drop off site within the Borough for leaf waste pursuant to rules and regulations governing such drop off facility for leaf waste. In the event the Borough shall designate such a leaf waste drop off facility within the Borough, the Borough shall publicize the location and operation of the leaf waste facility by whatever means deemed desirable by the Borough.
[Ord. 2017-537, 6/14/2017]
1. 
It shall be unlawful for any person to collect, convey over any of the streets or alleys of the Borough of Red Hill or dispose of any municipal waste or recyclable materials accumulated in said Borough in any manner not approved in this Chapter or in subsequent regulations.
2. 
It shall be unlawful for any person to place any municipal waste or recyclable materials in any street, alley or other public place, or upon private property, whether owned by such person or not, within the Borough, except if it is in a proper receptacle for collection, which receptacle shall consist solely of a lidded container provided by the municipal waste collector or other lidded container or sealed plastic trash bag. No person shall throw or deposit any municipal waste or recyclable materials in any stream or other body of water.
3. 
It shall be unlawful for any person to allow any accumulation of municipal waste or recyclable materials on any premises in the Borough of Red Hill other than for the purpose of collection in the manner provided by this Chapter, or by special regulation of Borough Council. Any unauthorized accumulation of municipal waste or recyclable materials on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove unauthorized accumulation of municipal waste or recyclable materials within 15 days of notice to either the occupant or owner shall be deemed a violation of this Chapter.
4. 
It shall be unlawful for any person, other than the occupants of the premises on which municipal waste receptacles are stored, or the municipal waste collector, to remove the covers of any of the refuse or recycling receptacles or to remove the municipal waste or recyclable materials stored in such containers.
5. 
It shall be unlawful to place in any containers provided for regular collection any wearing apparel, bedding or municipal waste from premises where highly infectious or contagious diseases have prevailed, or any highly inflammable or explosive municipal waste.
6. 
It shall be unlawful for any person to burn any municipal waste excepting normal refuse accumulated from outdoor picnic and charcoal grilling.
7. 
It shall be unlawful for any person to place any municipal waste or recyclable materials bag, container or receptacle or municipal waste/recyclable materials in any other form upon a public right-of-way, the area adjacent to a public right-of-way or on or near a sidewalk in the Borough of Red Hill prior to 12:00 noon on the day immediately preceding the date on which municipal waste or recyclable material is scheduled to be collected by the municipal waste collector.
8. 
It shall be unlawful for any person to allow any municipal waste or recyclable materials bag, container or receptacle or municipal waste/recyclable materials in any other form to remain within a public right-of-way, the area adjacent to a public right-of-way or on or near a sidewalk in the Borough of Red Hill after 12:00 noon on the day immediately following the date on which municipal waste or recyclable material is scheduled to be collected by the municipal waste collector.
[Ord. 2017-537, 6/14/2017]
1. 
Any person or entity who shall violate any provision of this Chapter shall receive an official written warning sent certified mail, return receipt requested from the Borough Solicitor. Thereafter, within two years from the date of the written warning for the first offense, any person or entity violating any of the provisions of this Chapter shall be subject to a criminal fine of not more than $1,000 and not less than $600 per violation, plus damages, court costs and reasonable attorney's fees and imprisonment to the extent allowed by law for the punishment of summary offenses. Enforcement of any such violations shall be by action commenced by the Borough before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.
2. 
Nothing in this section shall be construed to limit the Borough's remedies, which shall include but not be limited to, the filing of actions at law or in equity seeking damages and/or injunctive relief.
[Ord. 2017-537, 6/14/2017]
The Borough Council shall impose upon each dwelling unit and residential building, as defined in § 20-102 of this Chapter, for the collection and removal of municipal waste and recyclable materials, appropriate charges and tipping fees based upon the contract by and between the Borough Council and the approved hauler who is collecting municipal waste and/or recyclable materials in the Borough of Red Hill.
[Ord. 2017-537, 6/14/2017]
All charges and tipping fees imposed by Borough Council upon the owner of each dwelling unit or residential building within the Borough shall be due and payable to the Red Hill Borough Tax Collector on or before December 31 of each calendar year and shall be billed by the Red Hill Borough Tax Collector along with taxes to be collected by the Red Hill Borough Tax Collector.
[Ord. 2017-537, 6/14/2017]
Notwithstanding any other provision hereof, in the event that any municipal waste collection charge or tipping fee imposed upon a dwelling unit or residential building remains due or unpaid after December 31 of the preceding calendar year, the Borough of Red Hill may turn collection of such charges and tipping fees over to a collection agency as established, from time to time, by resolution of the Borough Council. Such collection agency may impose such collection charges as authorized by resolution of Borough Council and follow procedures set forth in any agreements between the Borough of Red Hill and any such collection agency.
[Ord. 2017-537, 6/14/2017]
The Borough Council is hereby empowered to make any adjustments, whether by increase or decrease, to the annual charges and/or tipping fees for the collection of municipal waste and/or recyclable materials, as set forth hereinabove, by means of a resolution passed by a majority of the members of the Borough Council; said resolution may be passed at any time.
[Ord. 2017-537, 6/14/2017]
Any owner of a dwelling unit or residential building who shall fail to pay any municipal waste collection or recycling charge or tipping fee, or part thereof, within three years of the date for which the charge or tipping fee is imposed shall be in violation of this Chapter and, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 and not less than $600, plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.