[Ord. 1990-9, 8/2/1990, § I]
1.Â
Title. This Part shall be known as the "Lower Macungie Township Mandatory
Recycling Ordinance."
[Ord. 1990-9, 8/2/1990, § II; as amended by Ord.
2011-12, 10/6/2011]
The following words and phrases, when appearing in the text
of this Part, shall have the meaning given to them in this section,
unless the context clearly indicates otherwise:
Empty nonaerosol containers, consisting entirely of aluminum.
A person licensed and authorized by the Lower Macungie Township
to collect and transport recyclables as part of the recycling program.
Empty nonaerosol containers consisting of either steel only
or steel and aluminum, which were used to contain either food or beverage
or both.
Includes any paper which has a shiny or glossy finish or
appearance, resulting from treatment of the surface or application
of a coating of kaolin, clay or other chemicals. The term includes
the advertising inserts which are often intermingled or distributed
with newspapers.
Includes all business, commercial, educational, industrial,
institutional, or municipal establishments, and community activities,
and all multi-family housing of four or more residential dwellings.
If any commercial activity occurs in a residential establishment,
the entire establishment shall be deemed a commercial activity.
Any person who is licensed to collect municipal solid waste
for remuneration in Lower Macungie Township.
The fabricated or manufactured structural unbleached paper
material with an inner core shaped in rigid parallel furrows and ridges,
with one or more outer liners, often consisting of a material known
as kraft paper, but shall not include linexboard or paperboard normally
used as cereal boxes and similar containers, nor shall it include
corrugated cardboard that is soiled or coated with wax, plastic or
foam.
The following location on the adjoining public street or
road, and where authorized collectors usually pick up garbage:
On or just in back of the curb or curbline at the edge of the
cartway, for streets or roads which have curbs.
For streets or roads which do not have curbs, within reasonable
safe proximity of the paved cartway.
As otherwise established by regulation of the Township Board
of Commissioners or Recycling Coordinator, where the above locations
are not clear or satisfactory.
The program established by the Township through its licensed
commercial haulers to collect recyclable materials from the curbside
of designated residential establishments within the Township.
Those recyclable materials which must be separated from other
municipal waste and placed at the curbside for collection according
to the recycling regulations established and from time to time revised
by the Township Official.
Those recyclable materials which persons may deposit at one
or more public drop-off centers established as part of the recycling
program according to the recycling regulations established and from
time to time revised by the Township Official.
Bottles and jars made of clear, green or brown glass. Excluded
are plate glass, mirror glass, automotive glass, blue glass and porcelain
and ceramic products.
Any white paper of the type commonly used for letter writing,
stationery, note paper, plain paper for photocopying machines, computer
printers and other general-purpose paper, whether or not any printed
or written matter is contained thereon. It does not include newspaper,
magazines, corrugated paper, or any coated paper.
The standardized containers issued and/or approved for use
by Lower Macungie Township residents for the purpose of collecting,
storing and placing recyclables at the curbside for collection by
an authorized collector. These containers are the property of Lower
Macungie Township and are to remain with the dwelling.
Includes, but not to be limited to, automotive, truck, and
industrial batteries that contain lead.
Leaves from trees, bushes, and all other plants, garden residues,
shrubbery, bundled tree trimmings not exceeding two inches in diameter
with a maximum length of four feet, and similar material. Grass clippings
shall not be included in this definition.
Printed matter on coated paper containing miscellaneous written
pieces published at fixed or varying intervals, also known as periodicals,
and includes telephone directories. Expressly excluded are newspaper
and all other paper products of any nature whatsoever.
Any four or more condominiums, apartments, or other residential
dwellings, regardless of the form of ownership, tenancy, or the physical
arrangement of the structure, which are owned under a single deed.
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 in the Pennsylvania Solid Waste Management Act, 35 P.S. § 6018.101
et seq., from a municipal, commercial or institutional water supply
treatment plant, waste water treatment plant or air pollution control
facility. The term does not include 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
are magazines, periodicals and advertising inserts printed on coated
paper which are often distributed or intermingled with newspapers.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority or any other
legal entity whatsoever which is recognized by law as the subject
of rights and duties. In any provisions of this act prescribing a
fine, imprisonment or penalty, or any combination of the foregoing,
the term "person" shall include the officers and directors of any
corporation or other legal entity having officers and directors.
The plastic rings or similar plastic connectors used as holding
devices in the packaging of beverages, including, but not limited
to, carbonated beverages, liquors, wines, fruit juices, mineral waters,
soda and beer.
Plastic containers of all varieties, types, and chemical
compositions of plastic.
Materials identified by the Township from time to time to
be recycled, including but not limited to the materials listed in
§ 1501 of Act 101, 53 P.S. § 4000.1501.
A facility employing a technology that is a process that
separates or classifies municipal waste and creates or recovers reusable
materials that can be sold to or reused by a manufacturer as a substitute
for or a supplement to virgin raw materials. The term "recycling facility"
shall not mean transfer stations or landfills for solid waste nor
composting facilities or resource recovery facilities.
The rules, regulations, standards, specifications, orders,
licenses, permits, interpretations, schedules, zones, routes, and
waivers established from time to time by the Township pursuant to
the authority of this Part. Such regulations shall be deemed to be
a part of this Part and included by reference as if written herein,
upon approval by the Board of Commissioners.
A single-family dwelling.
Each structure containing three or less residential dwellings.
Each residential dwelling within any structure containing three
or less residential dwellings.
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These definitions shall apply regardless of either the form
of ownership or tenancy, or the physical arrangement of the structure.
If any commercial activity occurs in a residential establishment,
the entire establishment shall be deemed to be a commercial activity.
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The act or practice of removing, taking, scattering or disturbing
recyclable materials which have been collected and assembled in containers,
whether stored on private or public property or placed by a roadway
or curb for collection.
To separate recyclable materials from municipal solid waste
for the purpose of recycling.
Lower Macungie Township, a township of the first class, located
in Lehigh County, Pennsylvania, including the Board of Commissioners,
the Township staff, and others, when duly authorized to act pursuant
to this Part.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed, whether municipal, residual, or hazardous waste, or otherwise.
The term does not include source-separated recyclable materials or
material approved by the Department for beneficial use.
[Ord. 1990-9, 8/2/1990, § III; as amended by Ord.
2011-12, 10/6/2011]
1.Â
The following materials are hereby designated as "recyclable materials"
within Lower Macungie Township:
A.Â
Residential. For all residential establishments, including multi-family
housing, as defined by this Part:
2.Â
The Board of Commissioners shall, by resolution, determine which
of the above materials are to be collected.
[Ord. 1990-9, 8/2/1990, § IV; as amended by Ord.
2011-12, 10/6/2011]
1.Â
Recyclable Materials. Every person in Lower Macungie Township shall be required to separate the recyclable materials listed in § 20-303, "Recyclable Materials," of this Part, to the extent determined by the Board of Commissioners by resolution, for the purpose of recycling, from all of the other municipal solid waste and other waste generated by that person. No person may dispose of such recyclable materials with any other municipal solid waste or other waste.
2.Â
Batteries. Lead-acid batteries shall not be disposed of or included
in with any municipal solid waste or recyclable materials. Lead-acid
batteries shall be disposed only in accordance with § 1510
of Act 101, 53 P.S. § 4000.1510, and otherwise prevailing
commonwealth law and regulations.
3.Â
Plastic Beverage Carriers. Plastic beverage carriers which are not
degradable shall not be used, as required by § 1701(c) of
Act 101, 53 P.S. § 4000.1701(c).
4.Â
Other Waste. All other municipal solid waste and other waste materials,
whether residual, hazardous, or otherwise, shall be generated, stored,
separated, placed, collected, and disposed in accordance with all
other applicable federal, commonwealth, county, and Township laws,
ordinances, rules, regulations, specifications, standards, orders,
permits, and licenses.
[Ord. 1990-9, 8/2/1990, § V]
1.Â
All persons owning, occupying, or operating residential establishments
within Lower Macungie Township shall comply with the following requirements:
A.Â
Separation. Separate the recyclable materials designated for collection
and maintain the materials in the separated condition until collection
by a licensed commercial hauler. The separation shall be performed
by the time those materials are placed at curbside for collection.
B.Â
Preparation. Prepare for recycling all of the recyclable materials
generated by that person, in accordance with the regulations for each
respective material as established by the Township, by the time that
those recyclable materials are placed for collection, and maintain
those materials in that condition.
C.Â
Recycling Containers. Place recyclable materials in the separate
official Township recycling containers or other containers authorized
by the Township, in accordance with regulations established by the
Township. Each residential establishment shall acquire and use the
official Township recycling container for this purpose.
D.Â
Placement and Time. The approved recycling container shall be placed
or set out at curbside, and the empty recycling container shall be
removed from curbside, on the scheduled day for collection, in accordance
with the times and schedules established by the hauler providing waste
collection service to such resident.
[Ord. 1990-9, 8/2/1990, § VI; as amended by Ord.
2011-12, 10/6/2011]
1.Â
One initial recycling container shall be provided to each residential
establishment, except multi-family housing. The Township shall have
the power to require that each recycling container be identified with
the residential establishment to which it is assigned.
A.Â
Replacement Fee for Additional Containers. A reasonable replacement
fee for each recycling container shall be established, to provide
for the replacement of each of the Township's official recycling
containers. The amount of the purchase fee may be established or changed
from time to time by a resolution of the Township Board of Commissioners,
and shall be adequate in amount to reimburse the Township for the
cost of purchasing a replacement for any such container.
B.Â
Time of Purchase and Payment. The replacement fee shall be paid to
the Township for all official Township recycling containers which
are supplied to residential establishments after August 30, 1990.
C.Â
Loss, Theft, or Damage.
(1)Â
The owner, occupant, and operator of each residential establishment
is responsible for and shall bear the risk of loss, theft, or damage
to the official recycling container supplied for the use of that establishment.
Returns of the purchase fee may not be made if the container is not
returned for any of these reasons, in which event the purchase fee
may be retained and used by the Township.
(2)Â
If any official recycling container for a residential establishment
is either lost, stolen, or damaged, the owner, occupant, or operator
shall pay a new purchase fee to the Township for replacement in kind
of the official recycling container, as otherwise specified in this
section.
(3)Â
No person shall damage, take, remove, deface, destroy or use
a recycling container issued or approved by Lower Macungie Township
or the County of Lehigh for any purpose other than for approved storage
and collection of recyclable materials. All recycling containers issued
by Lower Macungie Township as part of the recycling program are the
property of Lower Macungie Township.
D.Â
Records by Treasurer. The Township Treasurer or his designee shall
establish and maintain records of the persons who have paid purchase
fees for the official Township recycling containers; the address or
location of the residential establishment to which the containers
were supplied; the amounts and dates that the purchase fees were paid;
the date and amount of any subsequent return, loss, theft, damage,
or payment of a purchase fee; and such other information that the
Treasurer shall determine.
[Ord. 1990-9, 8/2/1990, § VII]
1.Â
Curbside Recycling Program. Each commercial hauler shall collect
all recyclable materials which are placed at curbside by each residential
establishment, except multi-family housing, on at least one occasion
per calendar week.
2.Â
Duty to Collect. Each commercial hauler shall collect and transport
any designated recyclable materials which have been properly prepared,
separated, and placed at curbside in time for collection on the scheduled
collection day. Commercial haulers shall have no obligation to collect
any materials which do not conform to this Part or the supplemental
regulations to be adopted.
3.Â
Drop-Off Centers. The Township may operate or designate "drop-off"
centers at various locations within the Township for the collection
of recyclable materials. The Township shall advise residents of the
locations, operating hours, recyclable materials accepted, and other
details of the operation of the drop-off centers.
4.Â
Leaf Waste. The Township shall collect leaf waste during the spring
and fall of each calendar year.
A.Â
During those times of the year specified for collection in the supplemental
recycling regulations, all persons who gather leaf waste shall source
separate such waste and place it for collection at the times and in
the manner specified in the regulations.
5.Â
Sale and Marketing.
A.Â
Recyclable materials that are collected shall be recycled by each
hauler.
B.Â
Each hauler shall transport, process, sell, market, and dispose of
all recyclable materials collected by it in any manner that such hauler
sees fit, provided that such activities comport with federal and state
law and with the provisions of this Part.
C.Â
Each commercial hauler shall establish and keep records and report
at least annually to the Township the quantity, price and total amount
of recyclable materials collected, processed, marketed and sold.
D.Â
Each hauler must provide written documentation that either all recyclable
materials are recycled, or that markets for those materials do not
exist.
[Ord. 1990-9, 8/2/1990, § VIII]
1.Â
Except as set forth in this section, collection of recyclable materials
by persons not licensed by Lower Macungie Township is strictly prohibited.
2.Â
Nothing in this Part shall prohibit any resident from donating or
selling any such resident's own recyclables to any other person,
whether operating for a profit or not for profit. Nothing in this
Part shall require any person to gather leaf waste nor prevent any
person from utilizing leaf waste for composting mulch, or other agricultural,
horticultural, silvicultural, gardening or landscaping purpose.
3.Â
No person other than an authorized collector shall scavenge, remove,
take, scatter or disturb recyclable materials which have (A) been
collected or assembled in recycling containers, whether stored on
public or private property; or (B) been placed at the curbside for
collection pursuant to the curbside collection program; or (C) been
deposited at a drop-off center established pursuant to this Part or
subsequent regulations issued hereunder.
4.Â
Unlawful "scavenging" shall not include the collection or assemblage
of scattered trash and debris, whether or not recyclable, from roadsides
or public property with the intent of properly disposing of or recycling
such trash and debris.
[Ord. 1990-9, 8/2/1990, § IX]
1.Â
All multi-family housing, as defined in this Part, shall recycle
all recyclable materials generated by either of the two following
methods:
A.Â
Contract. Contracting with a commercial hauler or otherwise providing
for the recycling, as defined by Act 101, of all of the recyclable
materials generated within that multi-family housing, in accordance
with this Part.
B.Â
On-Site System. Multi-family rental housing properties may establish
a collection system for recyclable materials at each property, as
required by § 1501(c)(1)(ii) of Act 101, which collection
system shall consist of the following components as a minimum:
(1)Â
Suitable containers for collecting and sorting materials.
(2)Â
Easily accessible locations for the containers.
(3)Â
Written instructions to the occupants concerning the use and
availability of the collection system.
(4)Â
The Township may establish regulations defining compliance with
these requirements.
(5)Â
Owners, landlords, and agents of owners and landlords, who comply
with this subsection shall not be liable for the noncompliance of
the occupants of their buildings.
[Ord. 1990-9, 8/2/1990, § X]
1.Â
Recycling. Every person owning, occupying, or operating a commercial activity, as defined by this Part, within the Township shall comply with this Part by separating and storing in enclosed building or closed container, or as otherwise approved by Township, until collection for recycling, by contract with a commercial hauler or otherwise, all of the recyclable materials designated in § 20-303, Subsection 1B, of this Part which are generated by that commercial activity.
2.Â
Compliance With Hauler Regulations. If a commercial solid waste hauler
is contracted, engaged, or hired for recycling, then the commercial
activity shall comply with all regulations of the commercial hauler
for recyclable materials with regard to the following:
[Ord. 1990-9, 8/2/1990, § XI]
1.Â
Any commercial hauler contracted, engaged, or hired for the collection
of municipal solid waste in the Township shall comply with the following
requirements:
A.Â
Licensing. Every commercial hauler shall be licensed by Lower Macungie
Township and shall not collect municipal solid waste in the Township
unless and until a hauler's license is secured. Such license
shall be summarily revocable by the Township for failure by the commercial
hauler to comply with the terms of this Part.
B.Â
Compliance With Laws. Every commercial hauler shall comply with this
Part, Act 101, and all other applicable laws and regulations.
C.Â
Separation. Every commercial hauler shall keep the several types
of recyclable materials which are designated for collection and collected
separate from each other, unless the hauler can demonstrate in writing
that a market exists for the commingled recyclable materials.
D.Â
Recycling. Every commercial hauler shall either:
E.Â
Recycling Program. Within 30 days of the effective date of this Part,
each commercial hauler collecting municipal solid waste in the Township
shall commence the collection of recyclable materials in strict accordance
with the provisions of this Part and any accompanying regulations.
Collection shall be pursuant to such rules and regulations as the
commercial hauler shall reasonably prescribe. Each commercial hauler
shall provide copies of any such rules and regulations, together with
its pick-up schedules, to the Township for approval by the Township
Public Works Director prior to implementation.
F.Â
Annual Reports. Every commercial hauler shall submit annual reports
to the Township. Reports shall be submitted within two months of the
end of each year. Each report shall state for that reporting period:
(1)Â
The quantity in tons of each recyclable material collected by
that hauler in the Township.
(2)Â
The total quantity in tons of all garbage, trash, and refuse
collected by that hauler in the Township.
(3)Â
To whom or where and how each recyclable material was sold or
delivered for processing or recycling.
G.Â
Reporting Noncompliance. Every commercial hauler shall report to
the Township Director of Public Works all instances of apparent noncompliance,
with either this Part or Township regulations, within 72 hours of
becoming aware of such noncompliance.
[Ord. 1990-9, 8/2/1990, § XII; as amended by Ord.
2011-12, 10/6/2011]
1.Â
Regulations. The Township Board of Commissioners may, from time to
time, establish regulations for the following parts of the Township's
Recycling Program (or otherwise), as the Board shall deem appropriate,
which regulations shall become effective 30 days after public advertisement:
A.Â
Plastic Containers. Varieties, types, and chemical compositions to
be collected for recycling, both in the Township's curbside recycling
program and at any drop-off centers, or otherwise disposed in municipal
solid waste.
B.Â
Preparation of recyclable materials for recycling.
C.Â
Separating, placing or combining recyclable materials in the official
Township recycling bins.
D.Â
Exact locations for curbside pickup, where those locations are not
established or are otherwise unsatisfactory.
E.Â
Zones, routes, and schedules for collection days.
F.Â
Times to set out and bring in the official Township recycling bins.
G.Â
Drop-off center locations, operating hours, materials accepted, and
other details.
[Ord. 1990-9, 8/2/1990, § XIII]
Any person seeking to establish a recycling facility within the boundaries of the Township must first obtain all necessary approvals in accordance with the terms and conditions of the Township Zoning Ordinance [Chapter 27], as subsequently amended from time to time.
[Ord. 1990-9, 8/2/1990, § XIV; as amended by Ord.
2011-12, 10/6/2011]
1.Â
The Township Public Works Director or his designee shall be responsible
for monitoring and enforcing compliance with this Part and regulations.
A.Â
Civil Liability Before Magisterial District Judge. Any commercial
activity, as defined by this Part; or commercial hauler; or any owner,
occupant, or operator of a residential establishment who violates
or assists in the violation of any provision of this Part, shall be
subject to the following civil penalties, payable to the Township,
upon a finding of liability therefor by the magisterial district judge:
(1)Â
First Action. For the first action before the magisterial district
judge within the last year, a civil penalty of not more than $1,000
plus costs, including reasonable attorney's fees.
(2)Â
Subsequent Actions. For any action before the magisterial district
judge within one year subsequent to a previous finding by the magisterial
district judge of civil liability by the same person for any violation
of this Part, a civil penalty of not more than $1,000 plus costs,
including reasonable attorney's fees.
(3)Â
Each day that a violation of this Part continues shall be deemed
to be a separate violation. Each violation shall be deemed to be a
separate violation.
B.Â
Incentives.
(1)Â
The Township Director of Public Works or his designee shall
have the power to establish incentives to promote compliance with
this Part, as may be appropriate from time to time. He shall report
at least annually to the Board of Commissioners on the incentives
which have been established, and when and to whom those incentives
have been granted.
(2)Â
Procurement Options. The Township may utilize the provisions
of Act 101's § 1507, "Procurement Procedures for Local
Public Agencies," and § 1508, "Procurement Options for Local
Public Agencies, and Certain Commonwealth Agencies," 53 P.S. §§ 4000.1507,
4000.1508, if the Township elects to do so.
