[Ord. 2011-12, 10/6/2011]
This Part shall be known as the "Lower Macungie Township Municipal
Solid Waste Ordinance."
[Ord. 2011-12, 10/6/2011]
The following words and phrases when used in this Part shall
have the meanings given to them in this section, unless the context
clearly indicates otherwise:
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, offices,
buildings, restaurants, shopping centers, and theaters.
The incineration, deposition, injection, dumping, spilling,
leaking, or placing of municipal waste into or on the land or water
in a manner that the waste 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.
Any site, facility, location, area, or premises to be used
for the disposal of municipal waste.
All animal and vegetable wastes attending or resulting from
the handling, dealing, storing, preparation, cooking, and consumption
of foods.
Any establishment engaged in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants, and refineries.
Any establishment engaged in service to persons including,
but not limited to, hospitals, nursing homes, orphanages, schools,
and universities.
The entire process or any part thereof, of storage, collection,
transportation, processing, treatment, and disposal of municipal wastes
by any person engaging in such process.
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 from a municipal, commercial or institutional water supply treatment
plant, wastewater treatment plant, or air pollution control facility.
Any individual, property owner, tenant, partnership, corporation,
association, institution, cooperative enterprise, municipal authority,
federal government or agency, state institution and agency, or any
other legal entity whatsoever which is recognized by law as being
subject to such rights and duties.
Any technology used for the purpose of reducing the volume
or bulk of municipal waste or any technology used to convert part
or all of such waste materials for off-site reuse. Processing facilities
include, but are not limited to, transfer facilities, composting facilities,
incinerators, recycling facilities, and resource recovery facilities.
Municipal waste which is specifically designated for separation
and independent collection as reusable material.
At least three or more times per month.
The collective term applying to all garbage, rubbish, ashes,
leaves, and grass trimmings from residential, municipal, commercial,
or institutional premises.
Any waste including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials.
The containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal of such waste, and
it shall be presumed that the containment of any municipal waste in
excess of one year constitutes disposal.
Lower Macungie Township, Lehigh County, Pennsylvania.
The off-site removal of any municipal waste generated or
present at any time from the Township.
[Ord. 2011-12, 10/6/2011]
1.
General.
A.
Storage. It shall be the duty of every owner of property and every
person occupying any dwelling unit, premises, or place of business
where municipal waste is produced and accumulated within the Township,
to provide and keep at all times at his own expense and cost, a sufficient
number of containers to hold all municipal wastes which may accumulate
during the intervals between collection of such municipal waste; to
be separated into different types of waste; and to be placed in separate
containers for collection.
B.
Preparation of Municipal Waste. All municipal waste shall be drained
of liquid before placement in any refuse container. Containers shall
be of a durable, watertight, rust resistant material and have a close-fitting
lid and handles to facilitate collection. Plastic bags may be used
as municipal waste receptacles providing they are sealed to prevent
the scattering about of their contents and do not contain any rips,
tears or punctures. All containers shall be kept in a sanitary condition
and shall be kept in good repair. All containers shall be adequate
to fully contain the volume of municipal waste to be disposed of.
Overflowing containers are strictly prohibited.
2.
Storage on Residential Properties.
A.
Containers. All municipal waste accumulated by the owners and/or
the occupants of residential properties shall be placed in containers
for collection. The containers shall be durable, watertight, metal
or plastic cans or drums or plastic bags. The size of each such container
shall not exceed a thirty-gallon capacity and when filled shall weigh
no more than 50 pounds. The containers shall be inaccessible to insects,
birds, and vermin. Recyclables shall only be stored in Township-designated
containers, and only after all food stuffs and other material which
draw insects, birds and vermin has been removed.
B.
Location of Containers. Each municipal waste container shall be located
so as to be accessible to the waster hauler/collector at ground level
and at a point on the curb line of the street, or within no less than
10 feet of the public street or alley right-of-way from which collection
from a vehicle can be made.
C.
Placement of Containers. No storage of municipal waste or recyclables
shall be visible from any public road or thoroughfare except during
the twelve-hour period prior to scheduled pick-up. Municipal waste
and recyclables may be placed at streetside for collection only on
the property whose occupants generated the municipal waste. Municipal
waste and recyclables may be placed at streetside for collection not
earlier than 5:00 p.m. on the day preceding a scheduled pickup. Municipal
waste and recycling containers shall be removed from streetside within
12 hours of a scheduled pickup.
3.
Storage on Commercial, Institutional and Industrial Properties.
A.
Containers. Storage of municipal waste on commercial, institutional,
and industrial properties shall be done in the same type, quality,
and condition of containers as are required for residential properties
except where the accumulation for each commercial, institutional,
or industrial property precludes their use, in which case such owner
or occupant shall make special arrangements for the storing of such
additional quantities. Such special arrangements shall include the
following:
B.
Location of Containers. Containers for collection at commercial,
institutional, and industrial properties shall be located on such
premises at a place determined by such owner or occupant of the commercial,
institutional, and industrial property and shall not be unsatisfactory
to the Township. Such locations shall not interfere with public or
private sidewalks, driveways, roads, streets, highways, or entrances
and exits of public or private buildings.
[Ord. 2011-12, 10/6/2011]
Any person transporting solid waste within the Township shall
prevent or remedy any spillage from vehicles or containers used in
the transport of such solid waste.
[Ord. 2011-12, 10/6/2011]
1.
All municipal waste produced, collected, and transported from within
the jurisdictional limits of the Township shall be, to the extent
permitted by law, disposed of at disposal facilities designated by
the Township and in accordance with any currently effective solid
waste management plan of the Township. In the absence of such designated
facilities and/or such currently effective solid waste management
plan of the Township, the Township reserves the right to designate
a state-permitted facility of its choice or require that disposal
be at a state-permitted facility.
2.
If the Township designates the disposal facilities as provided for
above, all transporters, haulers, and collectors of solid waste shall
be informed by the Township of the location and other information
pertaining to the designated disposal facilities to be used for the
disposal of municipal waste collected, transported, removed and disposed
of from within the Township.
[Ord. 2011-12, 10/6/2011]
1.
Nothing contained herein shall be deemed to prohibit any person not
regularly engaged in the business of hauling/collecting municipal
waste from hauling his own municipal waste, on an irregular and unscheduled
basis, to a state-permitted disposal facility.
2.
Nothing contained herein shall prohibit a farmer from carrying out
the normal activities of his farming operation, including composting
and spreading of manure or other farm produced agricultural wastes.
3.
The provisions of this Part do not apply to anything but the storage,
collection, transportation and disposal of municipal waste and do
not apply, therefore, to hazardous or residual wastes as defined by
the Pennsylvania Solid Waste Management Act, 35 P.S. § 6018.101
et seq.
[Ord. 2011-12, 10/6/2011]
The Board of Commissioners is hereby authorized to make and
promulgate any additional rules and regulations for the collection,
removal and disposal of municipal waste not in conflict with this
Part, and violations of the same shall be subject to the same penalties
as provided in this Part.
[Ord. 2011-12, 10/6/2011]
No person shall obstruct, delay or interfere with a municipal
waste collector, hauler, or transporter while in the performance of
their duties, or enter into any controversies with such persons, nor
shall any person violate any of the provisions of this Part with regard
to the storage, placement, disposal, collection, or removal of municipal
waste or recyclables, or the containers for the same.
[Ord. 2011-12, 10/6/2011]
1.
The Township shall enforce the maintenance of proper receptacles
placed at suitable places on the premises and shall institute the
prosecution of all persons or entities violating any of the provisions
of this Part. Prior to the initiation of an enforcement action, the
Township shall send a notice of violation by first class mail advising
such person/persons or entity that this Part has been violated. Separate
notices shall not be required for each incident or violation. If the
violation is not corrected within 10 days, then a civil action may
be commenced against the violator.
2.
Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof, shall be sentenced to pay a fine
of not less than $100 nor more than $1,000 plus costs and attorneys'
fees. Each day that a violation of this Part continues or each section
of this Part which shall be found to have been violated shall constitute
a separate offense.
3.
In addition to the foregoing, the Township 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 written notice, the Township 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.
