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Township of Solebury, PA
Bucks County
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Table of Contents
Table of Contents
[Ord. 2007-8, 9/4/2007, § 1]
This part shall be known and referred to as the "Municipal Waste Collection and Transportation Ordinance of Solebury Township."
[Ord. 2007-8, 9/4/2007, § 2]
The following words and phrases as used in this part shall have the meaning ascribed to them herein, unless the context clearly indicates a different meaning:
ACT 90
The Pennsylvania Waste Transportation Safety Act of 2002, P.L. 596, No. 90, June 29, 2002, 27 Pa.C.S.A. § 6201 et seq.
ACT 97
The Pennsylvania Solid Waste Management Act of 1980, P.L. 380, No. 97, July 7, 1980, 35 P.S. § 6018.101 et seq.
ACT 101
The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988, Act 1988-101, July 28, 1988, 53 P.S. § 4000.101 et seq.
COLLECTOR OR WASTE HAULER
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.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in a nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, offices, restaurants, shopping centers and theaters.
COUNTY
The County of Bucks, Pennsylvania.
DISPOSAL
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 260a and 271).
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or production activities, including, but not limited to, factories, foundries, mills, processing plants, refineries, mines, and slaughterhouses.
INSTITUTIONAL ESTABLISHMENT
Any establishment or facility engaged in services, including, but not limited to, hospitals, nursing homes, schools and universities.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings, and similar materials, but not including grass clippings.
LICENSED COLLECTOR OR LICENSED WASTE HAULER
A person who has written authorization from the PADEP under Act 90, 27 Pa.C.S.A. § 6201 et seq., to collect, haul, transport and dispose of municipal waste.
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, 35 P.S. § 6018.101 et seq., 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.
MUNICIPALITY
Any of the 54 minor civil divisions in Bucks County, Pennsylvania.
PADEP
The Pennsylvania Department of Environmental Protection.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, federal government or agency, state institution or agency, or any other legal entity recognized by law as the subject of rights and duties. In any provisions of this part 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.
PROCESSING
Any technology used for the purpose of reducing the volume or bulk of municipal or residual waste 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.
RECYCLING
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) and creation and recovery of reusable materials other than a fuel for the generation of energy.
SCAVENGING
The unauthorized and uncontrolled removal of any material stored or placed at a point for subsequent collection or from a processing or disposal facility.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Materials, including leaf waste, that are separated from municipal waste at the point of origin or generation for the purpose of recycling.
TRANSPORTATION
The off-site removal of any municipal waste at any time after generation.
For the purpose of this part, the singular shall include the plural and the masculine shall include the feminine and neuter.
[Ord. 2007-8, 9/4/2007, § 3]
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 the Township without first securing written authorization from the PADEP in accordance with the provisions of Act 90, 27 Pa.C.S.A. § 6201 et seq.
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 the Township in a manner not in accordance with the provisions of this part, any applicable municipal ordinance, the revised County plan, Act 90, 27 Pa.C.S.A. § 6201 et seq., Act 101, 53 P.S. § 4000.101 et seq., the minimum standards and requirements established in 25 Pa. Code, 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 regulations.
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 the Township without prior approval from the Township.
[Ord. 2007-8, 9/4/2007, § 4]
1. 
All collectors or waste haulers operating within the Township 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, 27 Pa.C.S.A. § 6201 et seq., Act 97, 35 P.S. § 6018.101 et seq., Act 101, 53 P.S. § 4000.101 et seq., and PADEP regulations adopted pursuant to Act 97 and Act 101, including the 25 Pa. Code, Chapter 285, Subchapter B, regulations for the collection and transportation of municipal waste.
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 or waste haulers shall be subject to inspection by the Township or its authorized agents at any reasonable hour without prior notification.
[Ord. 2007-8, 9/4/2007, § 5]
1. 
No person shall collect, or remove any municipal waste from within the Township without first obtaining written authorization from PADEP in accordance with the provisions of Act 90, 27 Pa.C.S.A. § 6201 et seq., and providing a copy of such written authorization to the Township. 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. 
For a collector or waste hauler to collect and transport municipal waste within the Township a collector or waste hauler shall submit a registration form to the Township which shall include a copy of their state-issued written authorization, and a copy of their Municipal and Residual Waste Transporter Authorization Application (DEP form 2500-PMBWM0015) along with any of the following information that may be deemed appropriate by the Township:
A. 
A list of collection vehicles covered under the written authorization including, as a minimum, the following information for each vehicle: identification information for each vehicle (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.
C. 
Certificate(s) of insurance evidencing that the waste hauler or collector has valid liability, automobile and worker's compensation insurance in the minimum amounts established and required by separate resolution of the Board of Supervisors of the Township.
D. 
If they are hauling or collecting source-separated recyclable materials in the Township, identify the materials being hauled or collected and provide the following information for each vehicle: identification information for each vehicle (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.
3. 
Any person who fails to satisfy the minimum standards and requirements of this part or is in violation of the provisions of this part may not lawfully collect municipal waste or source-separated material in the Township.
4. 
All licensed collectors and licensed waste haulers shall meet the requirements of Act 90, 27 Pa.C.S.A. § 6201, Act 97, 35 P.S. § 6018.101 et seq., Act 101, 53 P.S. § 4000.101 et seq., the Bucks County Municipal Waste Management Plan, and all PADEP rules and regulations, 25 Pa. Code, Chapter 285.
[Ord. 2007-8, 9/4/2007, § 6]
1. 
All licensed collectors and licensed waste haulers and collectors and haulers of source-separated recyclable materials operating within the Township 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 Township and the ultimate disposal point of said waste and recyclables. Each licensed collector and licensed waste hauler and collectors and haulers of source-separated recyclable materials operating in the Township shall prepare and submit an annual report to the Township on the official collectors and haulers recyclables documentation reporting form. The report shall be submitted by the PADEP licensed collector or licensed waste hauler and collectors and haulers of source-separated recyclable materials to the Township by January 31 of each year and include all of the required information pertaining to the preceding calendar year.
2. 
All annual reports submitted to the Township from licensed collectors and licensed waste haulers and collectors and haulers of source-separated recyclable materials shall be combined into a single report and submitted by the Township on the official municipal recyclables documentation reporting form to the County by February 28 of the year following the reporting period.
[Ord. 2007-8, 9/4/2007, § 7; as amended by A.O.]
Any person, firm or corporation who shall violate any provision of this part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. 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. For purposes of this section, the doing of any act or thing prohibited by any provision of this part, or the failure to do any act or thing as to which any provision of this part creates any affirmative duty, shall constitute a violation of this part punishable as herein stated. Licensed collectors and licensed waste haulers who shall violate any provision of this part may be reported to the PADEP, by the Township and may be subject to the revocation of the state authorization to transport municipal waste, as described in Act 90, 27 Pa.C.S.A. § 6201 et seq.
[Ord. 2007-8, 9/4/2007, § 8]
The Township may petition the Bucks County Court of Common Pleas for an injunction, either mandatory or prohibitive, in order to enforce any of the provisions of this part.
[Ord. 2011-3, 1/18/2011, § I]
This part shall be known and may be cited as the "Solebury Township Recycling Ordinance."
[Ord. 2011-3, 1/18/2011, § II]
As used in this part, the following terms shall have the following meanings:
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings and similar materials, but not including grass clippings.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or gaseous material, resulting from the operations of residential, municipal, commercial or institutional establishments and from community activities and any sludge not meeting the definition of residential or hazardous waste in the Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, as amended, 35 P.S. § 6018.101 et seq., from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
MUNICIPAL WASTE COLLECTOR
Any person collecting or transporting municipal waste or recyclable materials for owners or occupants of property in the Township and any business or institution within the Township which generates municipal waste or recyclable materials and uses its own employees and equipment for the collection or transportation of municipal waste or recyclable materials.
PERSON
Any individual, partnership, association, corporation, institution, cooperative enterprise, trust, municipal authority, federal government or agency, commonwealth institution or agency or any other legal entity whatsoever which is recognized by law as a subject of rights and duties. In any provision of this part 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 any other legal entity having officers and directors.
RECYCLABLE MATERIALS
Those materials specified by the Township herein for collection in accordance with this part and recycling regulations which may be promulgated from time to time. Recyclable materials include, but shall not be limited to, aluminum cans, clear and colored glass containers, newspapers, inserts, junk mail, magazines, phone books, cardboard, tin and steel cans, all plastic containers labeled 1 through 7 and leaf waste. The list of recyclable materials may be changed from time to time by resolution of the Board of Supervisors of the Township.
RESIDENT
Any person who owns, leases or occupies a property located in the Township used as a residence.
[Ord. 2011-3, 1/18/2011, § III]
There is hereby established a program for the mandatory source-separation and collection of recyclable materials and leaf waste within the Township, Bucks County, Pennsylvania. No person shall dispose of municipal waste, recyclable materials or leaf waste within the Township except in accordance with this part. The use of a municipal waste collector will not relieve any person from compliance with this part.
[Ord. 2011-3, 1/18/2011, § IV]
1. 
Recyclable Materials. All residents of the Township shall separate recyclable materials from all municipal waste generated at their properties. When placed at the curb for collection in accordance with the provisions of this part, recyclable materials shall be placed in reusable containers which clearly identify the contents as recyclables. Such containers shall be provided by the municipal waste collector. The preparation for collection of municipal waste and recyclable materials shall be made in accordance with the instructions provided by the municipal waste collector.
2. 
Leaf Waste. All residents of the Township shall separate leaf waste from all municipal waste generated at their property. If composting or other on-site disposal system is not desirable, residents may contract with a municipal waste collector to arrange for pickup of leaf waste in paper biodegradable bags, reusable containers or in bulk. Any resident who otherwise provides for the proper disposal of leaf waste by composting shall not be required to comply with the provisions of this subsection.
3. 
Collection. Collection of recyclable materials shall be made only by a municipal waste collector at a minimum of one time every other week. Leaf waste shall be collected by a municipal waste collector in accordance with the schedules established annually by the municipal waste collector.
4. 
Multifamily Residences. An owner, landlord or agent of an owner or landlord of multifamily residential housing properties with four or more units or the residents of multifamily residential properties acting by and through a duly constituted homeowners' association shall comply with their responsibilities under this part by establishing a collection system for recyclable materials at each property and pickup by a municipal waste collector. A collection system must include suitable containers for collecting and sorting materials, easily accessible locations for the containers and written instructions to the occupants or residents concerning the use and availability of the collection system. In addition, such owners, landlords, agents and homeowners' associations shall annually provide written documentation and certification to the Township of the total number of tons of materials and the types of materials, recycled. Such owners, landlords, agents and homeowners associations may comply with the reporting requirements hereunder by requiring their municipal waste collector to provide said documentation and certification directly to the Township. Owners, landlords and agents of owners or landlords who comply with this part under this subsection shall not be liable for the noncompliance of occupants of their building.
[Ord. 2011-3, 1/18/2011, § V]
1. 
All persons occupying commercial, institutional and municipal establishments within the Township shall separate recyclable materials, high-grade office paper, aluminum, corrugated paper, leaf waste and such other materials, as may be changed from time to time by resolution of the Board of Supervisors of the Township, generated at such establishments and from community activities, store the materials until collection by a municipal waste collector and annually provide written documentation and certification to the Township of the total number of tons of materials and the type of materials recycled.
2. 
Such persons may comply with the reporting requirements hereunder by requiring their municipal waste collector to provide said documentation and certification directly to the Township.
[Ord. 2011-3, 1/18/2011, § VI]
1. 
No person shall place municipal waste in containers used for the separation and collection of recyclable materials.
2. 
No person shall place designated recyclable materials in containers used for the separation and collection of municipal waste.
3. 
No person shall store municipal waste outside of an enclosed building in other than closed watertight containers.
4. 
No person shall place containers for municipal waste or recyclable materials at the curb or in the front yard of any lot, except during the period beginning at 3:00 p.m., prevailing time, on the day prior to a scheduled collection and ending at midnight on the day of a scheduled collection. "Front yard" shall mean the area between the street line and the first building on the lot.
[Ord. 2011-3, 1/18/2011, § VII]
Leaf waste shall be kept separate from all other forms of municipal waste and separate from recyclables. Nothing herein shall require any person to gather leaf waste or prevent any person from using leaf waste for compost, mulch or other agricultural purposes.
[Ord. 2011-3, 1/18/2011, § VIII]
Notwithstanding the terms of this part, compost piles kept by occupants or tenants of a structure shall not violate the terms and conditions of this part; provided, that the materials in the compost piles do not generate any offensive odors; and, provided further, that said compost piles are secure so that animals do not spread the materials from the compost piles around the premises or to adjacent premises.
[Ord. 2011-3, 1/18/2011, § IX]
Nothing in this part or any regulation promulgated pursuant hereto shall be deemed to impair the ownership of separated materials by the persons who generated them unless and until separated materials are placed at curbside or similar location for collection by a municipal waste collector.
[Ord. 2011-3, 1/18/2011, § X]
From the time of placement of the recyclable materials at the curb or other designated place for collection by a municipal waste collector pursuant to the provisions of this part and any rules and regulations adopted hereunder, the recyclable materials shall become and be the property of the municipal waste collector. It shall be a violation of this part for any person not duly authorized by the Township to collect or pick up or cause to be collected or picked up any recyclable materials placed at the curb or other designated place for collection by a municipal waste collector pursuant to the provisions of this part. Any and each such unauthorized collection in violation hereof from one or more residences shall constitute a separate and distinct offense punishable as hereinafter provided in this part.
[Ord. 2011-3, 1/18/2011, § XI]
The collection of municipal waste and recyclable materials by municipal waste collectors and the preparation and collection of municipal waste and recyclable materials by property owners and residents of the Township shall be made in compliance with this part and any regulations to be adopted by the Board of Supervisors of the Township to carry out the intent and purpose of this part. Such rules and regulations shall be approved by resolution of the Board of Supervisors and, when so approved, shall have the same force and effect as the provisions of this part. Said rules and regulations may be amended, modified or repealed by resolution of the Board of Supervisors.
[Ord. 2011-3, 1/18/2011, § XII; as amended by A.O.]
1. 
Unlawful Activities; Public Nuisance. It shall be unlawful and a public nuisance for any person to violate, cause or assist in a violation of any provision of this part or violate, cause or assist in the violation of any rule, regulation or resolution promulgated by the Board of Supervisors pursuant to this part.
2. 
Penalties. Any person who violates any provision of this part or of the regulations adopted hereunder or any person who engages in unlawful conduct as defined in this part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $50 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. 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. Each section of this part that is violated shall also constitute a separate offense.
3. 
Injunction. In addition to any other remedy provided in this part, the Township may institute a suit in equity where unlawful conduct or a public nuisance exists as defined in this part for an injunction to restrain a violation of this part or any rules, regulations or resolution promulgated or issued by the Board of Supervisors pursuant to this part.
4. 
Concurrent Remedies. The penalties and remedies prescribed by this part shall be deemed concurrent. The existence or exercise of any remedy shall not prevent the Township from exercising any other remedy provided by this part or otherwise provided at law or equity.
[Ord. 2011-3, 1/18/2011, § XIII]
This part shall be read consistent with all applicable state and federal laws, including any laws exempting or limiting agricultural uses from the requirements of this part. The terms and provisions of this part are to be liberally construed so as to best achieve and effectuate the goals and purposes hereof. This part shall be construed in pari materia with the Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, as amended, 35 P.S. § 6018.101 et seq., the Municipal Waste Planning, Recycling and Waste Reduction Act, Act of July 28, 1988, P.L. 556, No. 101, 53 P.S. § 4000.101 et seq., and the rules and regulations adopted thereunder. If any provision, sentence, clause or part of this part is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality, or invalidity shall not affect or impair any of the remaining provisions of this part. It is hereby declared as the intent of the Township that this part would have been adopted had such stricken provisions not been included herein. All ordinances or parts of ordinances in conflict herewith are hereby repealed.