[HISTORY: Adopted by the Borough Council of the Borough of Walnutport as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Outdoor burning — See Ch. 147.
Littering — See Ch. 258.
[Adopted 1-12-1970 by Ord. No. 194 (Ch. 20, Part 1, of the 1983 Code of Ordinances); amended in its entirety 5-12-2011 by Ord. No. 2011-05]
This article shall be known and cited as the "Walnutport Borough Municipal Solid Waste Ordinance." The Borough of Walnutport shall be solely and exclusively responsible for the collection, transportation and disposal of solid waste within the Borough of Walnutport and shall designate the sole collector of municipal waste within the Borough.
The following words and phrases, when used in this article, shall have the meanings given to them in this section unless the context clearly indicates otherwise. Words used in the present tense include the future, the singular includes the plural, masculine shall include the feminine gender. Use of the term "shall" indicates a mandate and is not directory; "may" implies permissiveness.
APARTMENT
A building arranged, designed and intended for occupancy by two or more families living independent of each other, doing their own cooking therein.
BAGS
Plastic sacks designed to store solid waste with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall be determined by Borough Council from time to time by resolution.
[Amended 9-11-2014 by Ord. No. 2014-03]
BIN
Metal receptacle designed to be lifted and emptied mechanically for use only at commercial, industrial and institutional establishments.
BOROUGH
The Borough of Walnutport, Northampton County, Commonwealth of Pennsylvania.
BUNDLE
Tree shrub or brush trimmings or newspaper and magazines securely tied together forming an easily handled package not exceeding three feet in length or 50 pounds in weight.
COLLECTOR
A person authorized by the Borough of Walnutport to collect, transport and dispose of municipal waste from the Borough of Walnutport.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in a non-manufacturing or non-processing business including, but not limited to, stores, markets, office buildings, restaurants, shopping centers, apartment buildings, theaters and churches. Any commercial establishment containing a residential dwelling shall be considered a commercial establishment.
CONSTRUCTION REFUSE
Scrap lumber, pipe and other construction materials from construction or remodeling.
CONTAINER
A receptacle with a capacity to be determined by Borough Council from time to time by resolution construed of plastic, metal or fiberglass; having handles of adequate strength for lifting and having a tight-fitting lid capable of preventing entrance into the container by vectors. The mouth of the container shall have a diameter greater than or equal to that of the base. The weight of the container and its contents shall not exceed an amount to be determined by Borough Council from time to time by resolution.
[Amended 9-11-2014 by Ord. No. 2014-03]
CONTRACTOR
The person, corporation or partnership performing municipal solid waste collection and disposal or recycling with the Borough.
DEMOLITION REFUSE
Lumber, pipes, bricks, masonry and other construction materials from razed structures.
DISPOSAL
The incineration, deposition, injection, dumping, spilling, leaking or placing of municipal waste into or onto the land or water in a manner that the water or a constituent of the waste enters the environment, is emitted into the air, or is discharged to the waters of the Commonwealth of Pennsylvania.
DISPOSAL SITE
Any site, facility, location, area or premises to be used for the disposal of municipal waste.
DWELLING UNIT
Any structure, or part thereof, designed to be occupied as living quarters as a single housekeeping unit.
GARBAGE
All animal and vegetable wastes attending or resulting from the handling, dealing, storing, preparing, cooking and consuming foods.
HAZARDOUS WASTE
Any chemical, compound, mixture, substance or article which is designated by the United States Environmental Protection Agency or appropriate agency of the Commonwealth to be "hazardous" as that term is defined by or pursuant to federal or commonwealth law.
INDUSTRIAL ESTABLISHMENT
Any enterprise engaged in manufacturing or processing, including, but not limited to, factories, foundries, mills, processing plants, refineries and the like.
INSTITUTIONAL ESTABLISHMENT
Any establishment engaged in service to persons including, but not limited to, hospitals, nursing homes, orphanages schools and universities.
MANAGEMENT
The entire process, or any part thereof, of storage, collection, transportation, processing, treatment and disposal of municipal waste by any person engaging in such processes.
MUNICIPAL SOLID WASTE
Any garbage, bulk waste, refuse, industrial lunchroom or office waste and other material including solid, liquid, semisolid or containing gaseous material resulting from the operation of residential, municipal, commercial, industrial or institutional establishments and from community activities and any sludge not meeting the definition of residual or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility contained in Pennsylvania Solid Waste Management Act 97, Sec. 103, and as amended.[1]
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution or agency, or any other legal entity whatsoever which is recognized by law as being subject to the rights and duties of a person.
PROCESSING
Any technology used for the purpose of reducing the volume of bulk of municipal waste or any technology used to convert part or all such waste materials for off-site refuse. Processing facilities include, but are not limited to, transfer facilities, composting facilities, incinerators, recycling facilities and resource-recovery facilities.
PRODUCER
Any occupant of a commercial, industrial, institutional or residential establishment who generates municipal solid waste.
RECYCLABLE WASTE
Refuse utilized or marketed for reuse or reprocessing rather than disposed for in a disposal site.
REFUSE
The collective term which applies to all garbage, rubbish, ashes, leaves and grass trimmings from residential, municipal, commercial or institutional premises.
REGULAR
Occurring with a frequency of not less than three times within a calendar month.
RESIDENTIAL ESTABLISHMENT
Any premises utilized primarily as a residential dwelling unit, including but not limited to homes and mobile homes; apartments are considered commercial establishments. A commercial establishment containing not more than two residential dwelling units may elect to have the residential units considered a residential establishment by written notice to the Borough Secretary.
SOLID WASTE
Any waste, including but not limited to municipal, residual or hazardous wastes including, solid, liquid, semisolid or contained gaseous materials (Pennsylvania Solid Waste Management Act 97, § 103 and as amended).[2]
STORAGE
The containment of any municipal waste on a temporary basis in such a manner as not to constitute disposal of such waste; it shall be presumed that the containment of any municipal waste in excess of one year constitutes disposal.
TRANSPORTATION
The off-site removal of any municipal waste generated or present at any time from the corporate limits of the Borough of Walnutport.
UNOCCUPIED DWELLING UNIT
A dwelling unit within the Borough of Walnutport which is unfit to live in and/or which is not receiving municipal water and/or sewer service.
YARD WASTE
Leaves, tree limbs, bushes, shrubs, grass trimmings and other plant waste generated by residential, municipal, commercial, industrial or institutional establishments.
[1]
Editor's Note: See 35 P.S. § 6018.103.
[2]
Editor's Note: See 35 P.S. § 6018.103.
It shall be the duty of every owner of property which contains a dwelling unit and of every person occupying any dwelling unit, premises or place of business within the corporate limits of the Borough where municipal waste is produced and is accumulated by his own expense and cost to provide and keep, at all times, a sufficient number of containers to hold all municipal waste which may accumulate during the intervals between the collection of such municipal waste by an authorized collector.
A. 
Containers. All municipal waste accumulated by owners of each residential property and/or occupants of residential properties shall be placed in containers for collection by an authorized collector. The containers shall be durable, watertight and made of metal or plastic. Securely tied plastic bags may be used in cases where such bags can be used without being torn open by domestic or wild animals. The size of each such container shall be determined by Borough Council from time to time by resolution. Containers holding solid waste for pickup by the hauler shall be placed curbside no earlier than 24 hours prior to pickup and be removed from the curbside within 24 hours after pickup.
[Amended 9-11-2014 by Ord. No. 2014-03; 11-12-2015 by Ord. No. 2015-03]
B. 
Location of containers. Each waste container shall be located so as to be accessible to the collector at ground level and at the curbline of the street or within no less than 10 feet of the public street or alley right-of-way from which the collection from a vehicle can be made. Failure to place containers at such prescribed locations may result in the discontinuance of collection services.
A. 
Containers. Storage of municipal waste on commercial, institutional and industrial properties shall be done in the same type of containers as are required for residential properties, except that containers in an amount to be determined by Borough Council from time to time by resolution may be used where needed to accommodate larger volumes of municipal wastes. Such containers shall be maintained in good working order.
[Amended 9-11-2014 by Ord. No. 2014-03]
B. 
Location of containers. Containers for the collection of wastes at commercial, institutional and industrial premises shall be located on such premises at a place which shall not interfere with public or private sidewalks, driveways, roads, streets, alleys, highways or entrances and exits from public or private buildings.
A. 
Disposal prohibited. No person shall dispose or discard any waste upon any of the streets, alleys and public ways and properties of the Borough except by placing the same in the receptacles along the public streets, alleys and public ways and properties of the Borough for the incidental use by and the convenience of the public. It shall be specifically prohibited for any person to bury any waste or burn any waste upon one's property to avoid the requirements of this article.
B. 
Applicability. Northing contained elsewhere in this article shall prohibit the disposal of waste in the receptacles placed by the Borough along the public streets, alleys and public ways and properties of the Borough for the convenience of the public so long as that use is confined to incidental use.
A. 
It shall be a violation of this article for any person who is not a resident of the Borough to dispose of any waste by placing it within the container(s) used or provided by any resident of the Borough in compliance with the various provisions of this article.
B. 
It shall be a violation of this article for any resident of the Borough to permit, knowingly, any nonresident to utilize any container used or provided by such resident for the disposal of waste generated from without the corporate limits of the Borough.
A. 
Residential services. The contractor shall provide residential curbside collection of municipal waste one time per week, year round. The contractor shall also provide residential curbside collection of recyclables one time per week (on the same day as municipal waste collection), year round. There shall be no limit on the number of bags of municipal waste collected per pickup.
B. 
Commercial services. Any commercial unit can elect to employ any refuse contractor to collect and dispose of their total refuse requirements at their sole expense provided the contractor complies with all applicable regulations of the Commonwealth of Pennsylvania, Department of Environmental Protection and is licensed with Northampton County.
It shall be unlawful for any person, other than such persons as are duly authorized by the Borough of Walnutport, to collect and transport residential solid waste of any nature within or from the Borough of Walnutport. Authorization to engage in such a hauling business shall be given by the Borough of Walnutport.
Any person transporting solid waste within the Borough of Walnutport shall prevent or remedy any spillage from vehicles or containers used in the transport of such solid waste.
All municipal waste collected for disposal by the contractor shall be hauled to the disposal site or sites specified by the Borough or such other disposal site as may subsequently be approved by the County of Northampton, Pennsylvania. The charge for disposal shall be included in the rates set forth in the proposal for each establishment serviced by the contractor.
The contractor chosen by the Borough shall have the sole and exclusive franchise, license and privilege to provide municipal solid waste collection, removal and disposal services for residential waste within the corporate limits of the Borough.
Title to municipal solid waste shall pass to the contractor when placed in the contractor's collection vehicle, removed by the contractor from a customer's premises, whichever occurs first.
The provisions of this article do not apply to anything but the storage, collection, transportation and disposal of municipal waste and do not apply, therefore, to hazardous or residual waste, as defined by the Pennsylvania Solid Waste Management Act.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq. and as amended.
The Council of the Borough of Walnutport shall have the power to establish a schedule of service fees and penalties for the provision of waste collection, removal and transportation services and to establish a system for the collection of those fees and penalties from service subscribers. Said Council also shall have the power to amend the schedule of fees and penalties and/or the fee collection system from time to time as may be deemed necessary. Said schedules and amendments shall be accompanied by the adoption of a resolution which shall be attached hereto as an appendix and made a part hereof by this reference.
The legal and/or equitable owner(s) of the real estate containing a residential establishment shall be responsible to pay, and shall pay, the fees, fines and penalties as may be imposed pursuant to the provisions of this article. A residential establishment is exempt from this section only if it is an unoccupied dwelling unit as defined pursuant to this article.
[Amended 2-9-2012 by Ord. No. 2012-03]
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $150 or more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.
A. 
In addition to the foregoing penalties, the Borough of Walnutport may require the owner or occupant of a property to remove any accumulation of solid waste and, should said person fail to remove such solid waste after 10 days following his receipt of a written notice to do so, the Borough may cause the solid waste to be collected and disposed of with the costs for such actions to be charged to the owner or occupant of the property in a manner provided by law.
B. 
Upon the failure to comply with the terms and conditions of this article, the Borough may, after notice, collect the costs thereof and 10% additional as interest, together with all charges and expenses and may file a municipal claim thereof or collect the same by action in assumpsit.
Whenever a condition constituting a violation of this article occurs, the Borough shall cause written notice to be served upon the owner in one of the following manner:
A. 
By making personal delivery of the notice to owners;
B. 
By handling a copy of the notice at the residence of the owner to an adult member of the family with which he resides, but if no adult member of the family is found, then to an adult person in charge of such residence;
C. 
By fixing a copy of the notice to the door at the entrance of the premises in violation; or
D. 
By mailing a copy of the notice to the last known address of the owner by certified mail and regular mail.
The imposition of the penalties and/or remedies herein prescribed shall not preclude the Borough of Walnutport from instituting appropriate actions or proceedings to prevent the violation of this article; to restrain, correct or abate any such violation; or to prevent any act, conduct, business or activity constituting a violation of the provisions hereof.
This article shall be subject to all applicable federal, state and local laws, ordinances, rules and regulations, including the rules and regulations as set forth by the Department of Environmental Protection, Commonwealth of Pennsylvania.
[Adopted 12-16-1985 by Ord. No. 85-5 (Ch. 20, Part 2, of the 1983 Code of Ordinances)]
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
GLASS CONTAINERS
All containers made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging or bottling of various matter and all other material commonly known as glass.
NEWSPAPER
Shall be deemed to include paper of the type commonly referred to as newsprint and distributed at stated intervals, usually daily or weekly having printed thereon news and opinions and containing advertisements and other matters of public interest. Magazines and periodicals as well as all other paper products of any nature are not considered newspaper.
NONRESIDENTIAL FACILITIES
Commercial, industrial, institutional and municipal establishment. Nonresidential facilities shall also include events which are sponsored either by a private entity or in whole or in part by a municipality that will be attended by 200 or more individuals per day.
[Added 1-10-2013 by Ord. No. 2012-16]
RECYCLABLES
Includes office and mixed paper, office paper, cardboard and flat board newspapers, including colored inserts, empty aerosol cans, junk mail, manila and brown folders, glossy paper and magazines, telephone books, bimetal, tin, steel containers and aluminum cans, clear, green and brown glass bottles and jars, and plastic (Numbers 1, 2, 3, 4, 5, 6 and 7). Excluded are hazardous waste, medical waste, syringes, food waste, toner cartridges, glass panes, Pyrex, food containers, and all styrofoam products.
[Amended 1-10-2013 by Ord. No. 2012-16]
SOURCE-SEPARATED RECYCLABLE MATERIALS
Materials that are separated from municipal waste at a point of origin for the purpose of recycling. The term is limited to those items as set forth in the definition of "recyclables."
[Added 1-10-2013 by Ord. No. 2012-16]
There is hereby established a resource recovery program for the mandatory separating of recyclables from garbage and rubbish in the Borough of Walnutport. Exception to above to exclude all business places which lease, rent or own a solid waste container that has to be dumped by mechanical means or a very large container that has to be hauled away by truck or a body specially constructed for that purpose.
[Amended 1-10-2013 by Ord. No. 2012-16]
Recyclable material. Every residential property and nonresidential facility in the Borough of Walnutport shall be required to separate the recycling materials listed in § 377-22, Definitions, and as amended by the Borough from time to time by resolution. All recyclable material must be kept separate and apart from all of the other municipal solid waste generated by any person or nonresidential business. No person or nonresidential business may dispose of such recyclable materials with any other municipal solid waste. All residential establishments shall dispose of their recycling materials utilizing the Borough's designated recycling hauler. All nonresidential establishments shall be required to take appropriate steps to dispose of their recycling materials with an appropriate hauler which shall transport said recyclable materials to an appropriate licensed recycling center.
[Added 1-10-2013 by Ord. No. 2012-16[1]]
A. 
Every authorized collector of recyclable materials shall submit an annual recycling report, as prepared by the Commonwealth of Pennsylvania Department of Environmental Protection Bureau of Waste Management, to the Borough of Walnutport. Reports shall be submitted by February 1 of each year. The residential recyclable report shall be provided by the Borough-designated recycling center. For all nonresidential facilities, the recycling collector for each nonresidential facility shall file said report. Each report shall state for the reporting period the quantity, in tons, of each recyclable material collected within the Borough of Walnutport.
B. 
At a minimum, all residential and nonresidential establishments are required to recycle the following recycling materials:
(1) 
Items to be recycled. The contractor will collect the following recyclables:
(a) 
Clear glass.
(b) 
Colored glass: green and brown.
(c) 
Plastic: PET and HOPE.
(d) 
Aluminum.
(e) 
Steel and bimetallic cans.
(f) 
Newsprint.
(g) 
Magazines.
(h) 
Corrugated cardboard.
(i) 
High-grade office paper.
(j) 
Any other recyclable material contained in the definition of "recyclables," contained in § 377-22 of this article.
(2) 
Additional recyclables may be added to the list from time to time, by resolution at the discretion of the Borough of Walnutport.
[1]
Editor’s Note: This ordinance also redesignated former §§ 377-25 and 377-26 as §§ 377-27 and 377-28, respectively.
[Added 1-10-2013 by Ord. No. 2012-16; amended 11-12-2015 by Ord. No. 2015-03]
Title to residential recyclable materials shall remain the property of the Borough of Walnutport from the point of collection by the Borough-designated recycling collection hauler and until transported to the designated recycling facility. Title to the recyclables shall pass from the Borough to the Borough-designated recycling center when deposited by the Borough's recycling hauler at the recycling facility. Containers holding recyclables for pickup by the hauler shall be placed curbside no earlier than 24 hours prior to pickup and be removed from the curbside within 24 hours after pickup.
[Amended 1-10-2013 by Ord. No. 2012-16]
A. 
From the time of placement of recyclables at the curb or in recycling shelters for collection in accordance with the terms hereof, items shall be and become the property of the Borough of Walnutport. It shall be a violation of this article for any person unauthorized by the Borough to collect or pick up, or cause to be collected or picked up, any such items. Any and each such collection in violation hereof from one or more locations shall constitute a separate and distinct offense punishable as hereinafter provided.
B. 
It shall be unlawful for a person to collect, remove or dispose of recyclables as defined in § 377-22. The Borough Council, or its agent, is empowered to designate the day(s) of the month on which recyclables shall be collected, removed and disposed of from a particular area.
C. 
It shall be unlawful for a person to collect, remove or dispose of any recyclables which were placed in a recycling container for collection by the Borough-designated waste hauler which were not owned by the person prior to placement of the recyclables curbside.
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and costs of prosecution, or, in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days. Provided: each violation of any provision of this article and each day the same is continued shall be deemed a separate offense.