[Ord. 08-2014-589, 8/28/2014, § 101]
This Part shall be known as the "Salisbury Township Municipal
Solid Waste Ordinance."
[Ord. 08-2014-589, 8/28/2014, § 102]
The following words and phrases when used in this Part shall
have, unless the context clearly indicates otherwise, the meanings
given to them in this section, unless the context clearly indicates
otherwise:
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act, 53 P.S. § 4000.101 et seq.
Enactment Act of Nov. 23, 2010, P.L. 1083, No. 108 C1.27.
Pennsylvania Solid Waste Management Act, 35 P.S. § 6018.103
et seq.
A person desirous of being authorized as a "collector."
Furniture and other waste materials with weights or volumes
greater than those limits allowed for bins or containers, as the case
may be. Bulk waste may include construction refuse and demolition
refuse (as defined herein); tires (without or dismounted from wheels
or rims); and automobile parts with any fluids removed (e.g., engines,
transmission, radiator, etc.) and "white goods" (e.g., stoves, washing
machines, dryers, etc.), and metal bulk items (e.g., water tanks).
Bulk wastes shall not include "Freon appliances" as defined in this
section which are to be handled as specified by Township from time
to time.
Any person authorized and licensed by the PADEP and registering
with the County of Lehigh to collect, transport, and dispose of municipal
solid waste.
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, churches,
and mobile home parks.
Any person or business licensed to collect, haul, or transport,
by any mode of transportation, for any consideration or as a business
in trade or commerce, any waste and/or recyclable material which same
collects, pickup or receives from any location within Salisbury Township.
Events that are sponsored by public or private agencies or
individuals that include, but are not limited to, fairs, socials,
picnics, and organized sporting events attended by 200 or more individuals
per day.
A receptacle with a capacity of greater than 20 gallons but
less than or equal to 35 gallons durable, watertight, metal or plastic
cans or drums or securely tied 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. However, larger containers designed
for use with special hoisting equipment may be used if the collector
serving the residential dwelling uses collection vehicles with such
special hoisting equipment. If the Township decides to utilize an
automated collection with special equipped trucks, the size of the
container shall be determined by the Township.
A written agreement entered between the Township and a contractor
pertaining to the collection, transportation, and disposal of municipal
solid waste within the Township.
The person, firm or corporation that has been authorized
by the Township by contract to collect, transport and dispose of municipal
solid waste within the Township of Salisbury.
The County of Lehigh Board of County Commissioners or any
agency designated as the County's representative for purpose of this
chapter.
A program instituted by the Township to collect municipal
solid waste and garbage from residential units within the Township.
The Pennsylvania Department of Environmental Protection.
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 in compliance with the regulations
imposed by the County of Lehigh under their Solid Waste Management
Plan.
A very large metal trash receptacle designed to be hoisted
and emptied into a truck for the collection and storage of municipal
waste by commercial, industrial, municipal, institutional and multi-family
dwellings and apartments, and other places designated by the Township.
Refrigerators, freezers, dehumidifiers, air conditioners
and any other appliances which contain Freon.
All animal and vegetable wastes attending or resulting from
the handling, dealing, storing, preparation, cooking, and consumption
of foods.
Any garbage, refuse, sludge from an industrial or other wastewater
treatment plant, sludge from a water supply treatment plant or air
pollution control facility and other discarded material including
solid, liquid, semisolid or contained gaseous material resulting from
municipal, commercial, industrial, institutional, mining or agricultural
operations and from community activities, or any combination of the
above, which because of its quantity, quality, concentration or physical,
chemical or infectious characteristics may cause or significantly
contribute to an increase in mortality in either an individual or
the total population, or an increase in serious irreversible or incapacitating
reversible illness; or pose a substantial present or future threat
or potential hazard to human health or the environment when improperly
treated, stored, transported or disposed of or otherwise managed.
Any establishment engaged in manufacturing or processing
including, but not limited to, factories, foundries, mills, processing
plants, refineries and the like.
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 waste
by any person engaging in such process.
A parcel of land under single ownership for the placement
of mobile homes to be used for nontransient dwelling purposes.
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.
As defined by Act 97 and Act 101, each as amended to date
including, but not limited to, any garbage, refuse, industrial lunchroom
or office waste and other material including solid, liquid, semi-solid
or contained 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 hazardous waste from a municipal, commercial, industrial
or institutional water supply treatment plant, wastewater treatment
plant, or air pollution control facility. For purposes of this chapter,
the term "municipal waste" shall not include infectious and chemotherapeutic
waste since all haulers of infectious and chemotherapeutic waste are
licensed and regulated by the PADEP under special regulations.
The County of Lehigh Waste Management Plan prepared and approved
by the Lehigh County Board of Commissioners in accordance with the
requirements of PA Act 101 of 1988, Pennsylvania Municipal Waste Planning,
Recycling and Waste Reduction Act, titled the County of Lehigh Waste
Management Plan, 1996, as amended.
Any individual, company, corporation, association, partnership,
trust, firm, joint stock company, organization, institution, cooperative
enterprise, society, commission, municipal authority, governmental
body or agency or any other group or legal entity or their assigns
whatsoever recognized by law as the subject of rights and duties.
In a provision of this chapter prescribing a fine, imprisonment or
penalty, or any combination of the foregoing, the term "person" shall
include officers and directors of a corporation or other legal entity
having officers and directors.
Any technology, methods or means used for the purpose of
reducing the volume or bulk of solid waste or any technology used
to convert part of or all of such waste materials for off-site or
on-site reuse. Processing facilities include, but are not limited
to, transfer facilities, composting facilities, incinerators, recycling
facilities, and resource recovery facilities.
A single-family dwelling.
Each structure containing three or less residential dwellings.
Each residential dwelling within any structure containing three
or less residential dwelling.
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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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Any waste including, but not limited to, municipal, residual,
and hazardous wastes, including solid, liquid, or contained gaseous
materials, as defined by the Pennsylvania Solid Waste Management Act.
The containment of any municipal solid waste on a temporary
basis in such a manner as not to constitute disposal of such waste.
The containment of any municipal solid waste for a period in excess
of one year shall be conclusively presumed to constitute disposal.
The Township of Salisbury, a first class township, located
in Lehigh County, Pennsylvania.
Any establishment or community facility owned by Salisbury
Township, Lehigh County, Pennsylvania.
The off-site removal of any municipal solid waste generated
or present at any time from any property situate within the Township.
A method, technique or process, including neutralization,
designed to change the physical, chemical or biological character
or composition of any waste so as to neutralize such waste or so as
to render such waste nonhazardous, suitable for recovery, suitable
for storage or reduced in volume. For purposes of this chapter, the
term "treatment" shall include activity or processing designed to
change the physical form or chemical composition of waste so as to
render it neutral or nonhazardous.
A material, the original purpose of which has been completed
and which is directed to a disposal or processing facility or is otherwise
disposed of, whether municipal, residual or hazardous waste, or otherwise,
excluding source separated recyclable materials or material approved
by the Pennsylvania Department of Environmental Protection for beneficial
use.
[Ord. 08-2014-589, 8/28/2014, § 103]
1.
General. The Township assumes the responsibility of setting up a
curbside collection program for its residents for the collection of
and disposal of municipal waste and garbage. The Township, at its
sole option, may exercise the option to hire a contractor for the
collection transportation and disposal of solid waste. The Board of
Commissioners shall have sole responsibility to enter into a contract
for this sole purpose.
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.
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 securely tied 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. However, larger containers
designed for use with special hoisting equipment may be used if the
collector serving the residential dwelling uses collection vehicles
with such special hoisting equipment. The purchase and maintenance
of containers shall be the responsibility of the owner or occupant
of the residential dwelling. 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 waste hauler/collector at ground level
and as follows:
(1)
For those streets and roads which have curbs, within 10 feet
of the curb or curbline or at the edge of the cartway.
(2)
For those streets and roads which do not have curbs, within
reasonable safe proximity of the paved cartway, but no further than
10 feet from the public street or alley right-of-way.
(3)
As otherwise established by regulation of the Township Board
of Commissioners or Township Manager, where the above locations are
not clear or satisfactory.
C.
Placement of Containers. No storage of municipal waste 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 curbside for collection only on the property whose
occupants generated the municipal waste. Municipal waste and recyclables
may be placed at curbside 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 curbside within 12 hours of a scheduled
pickup.
3.
Storage on Multi-Family, Commercial, Institutional and Industrial
Properties.
A.
Containers. Storage of municipal waste on the property of commercial,
institutional and industrial establishments and commercial multifamily
housing shall be provided in the same type of containers as are required
for residential dwellings except that containers larger than 30 gallons
may be used where needed to accommodate larger volumes of municipal
waste. Such containers or dumpsters shall be kept in good working
order.
B.
Location of Containers. Containers for collection at commercial,
institutional, and industrial properties shall be located on such
premises and shall be appropriately screened at a place which shall
not interfere with public or private sidewalks, driveways, roads,
streets, highways or entrances and exits or public or private buildings.
C.
All commercial multifamily housing, commercial, industrial and institutional
establishment shall provide for the collection and disposal of all
municipal waste generated by that establishment or activity from that
establishment or activity at least one each week, by contract with
a collector. The Township shall not provide any such collection, removal,
transportation or disposal service to or from any such establishment
or activity.
[Ord. 08-2014-589, 8/28/2014, § 104]
Any person transporting municipal solid waste within the Township
shall prevent or remedy any spillage from vehicles or containers used
in the transport of such waste.
[Ord. 08-2014-589, 8/28/2014, § 105]
1.
All municipal solid waste collected and transported from within the
Township to be disposed of shall be, to the extent permitted by law,
disposed of at a state permitted disposal site(s) 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 site(s) or facility(ies) at which all such Township
waste must be disposed.
2.
If the Township designates the disposal site(s) as provided for above,
all licensed collectors and other interested persons shall be informed
by the Township of the location and other information pertaining to
the designated disposal site(s) to be used for the disposal of municipal
solid waste collected from within the Township.
3.
Lead acid (automotive) batteries may not be disposed of with municipal
solid waste. Such batteries must be taken to a retailer or wholesaler
of lead acid batteries, or to a collection or recycling facility or
secondary lead smelter approved by the Environmental Protection Agency.
4.
Pursuant to Act 108 a covered computer device and covered television
device shall not be disposed with municipal waste. These devices shall
be collected, transported and recycled in accordance with Act 108.
[Ord. 08-2014-589, 8/28/2014, § 106]
1.
It shall be unlawful for any person, other than such persons as are
duly licensed in accordance with the Lehigh County Solid Waste Management
Plan and/or as required by applicable federal and state laws, to collect
or transport commercial, industrial, Township, or institutional municipal
solid waste of any nature as a regular hauling business within or
from the Township. Should the Township require licenses to be issued,
licensing shall be given only as set forth below. This does not apply
to individuals or community groups who may regularly or periodically
collect recyclables.
2.
Licensing to collect, transport, and either dispose of or recycle
commercial, industrial, Township, or institutional municipal solid
waste, for a person other than oneself, may be given by the Township
through the issuance of a license. All applicants for licensing shall
be reviewed by the Township and shall be approved or rejected in accordance
with the following criteria:
A.
Municipal solid waste collection licenses may be issued to only those
persons who can provide satisfactory evidence that they are capable
of providing the necessary service(s) and can comply with the provisions
and intent of this chapter. The Township reserves the right to disapprove
any application for license where the application does not satisfactorily
meet the criteria set forth herein.
B.
Applicants for a municipal solid waste collection license must furnish
the following information:
(1)
The make, model, license plate number and size of each vehicle
to be used for the collection and/or transportation of municipal solid
waste within or from the Township.
(2)
The location, address, and telephone number of the business
office of the applicant.
(3)
A certificate of the applicant's worker's compensation insurance
as required by law.
(4)
A certificate of insurance coverage providing complete third
part comprehensive bodily injury and property damage liability insurance,
the limits of which shall not be less than $100,000 to $300,000 for
bodily injury and/or death and $50,000 for property damage.
(5)
If an applicant proposes to dispose of the municipal solid waste
collected within the Township, a certificate as to the disposal site(s)
to be utilized by the applicant. If disposal site(s) are changed during
the year, an application for an amended license shall be filled.
(6)
If the applicant proposes to collect recyclable municipal solid
waste within the Township, a list of the materials to be collected
for recycling and the current destination(s) or market(s) for each.
(7)
Any other information which the Township may deem relevant prior
to the issuance of a license.
D.
All licensed collectors must, by January 30 of each year, provide the Township written documentation of the total number of tons of municipal solid waste collected within the Township during the previous calendar year, broken down with subtotals for the tonnage disposed of and tonnage of each material recycled as requested in Part 2 of this chapter. Failure to provide this documentation shall constitute sufficient grounds for the denial of a new or the revocation of an existing license.
E.
Licenses shall be issued on a calendar year basis, but may be revoked
at any time by the Township for just cause.
F.
Fees for licenses shall be set as established by a resolution of
the Board of Commissioners.
[Ord. 08-2014-589, 8/28/2014, § 107]
1.
Nothing contained herein shall be deemed to prohibit any person not
regularly engaged in the business of collecting municipal solid waste
from hauling his/her own such waste, on an irregular and unscheduled
basis, to a state permitted disposal site.
2.
Nothing contained herein shall prohibit a farmer from carrying out
the normal activities of his/her farming operation, including composting
and the spreading of manure or other farm produced agricultural wastes.
3.
The provisions of this chapter do not apply to anything but the storage,
collection, transportation, disposal and recycling of municipal solid
waste; they 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. 08-2014-589, 8/28/2014, § 108]
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 chapter with
regard to the storage, placement, disposal, collection, or removal
of municipal waste or recyclables, or the containers for the same.
[Ord. 08-2014-589, 8/28/2014, § 109]
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 chapter. 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 chapter 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.
Penalties. Any person violating any of the provisions of this chapter,
including, but not limited to, (A) failure to use adequate containers
or recycling bins, (B) the placement of containers or recycling bins
in inappropriate locations for collection (C) mixing leaves in with
municipal waste, (D) failure to separate all recyclables from other
wastes for collection, (E) scavenging recyclables placed out for collection,
(F) failure of a commercial, industrial, Township, or institutional
establishment to recycle the specified materials, (G) collecting or
transporting commercial, industrial, Township, or institutional municipal
solid waste without a license, and (H) failure of commercial, industrial,
Township, or institutional establishments and authorized collectors
to provide annual documentation of the tonnage of materials disposed
of and recycled, shall be subject to a fine of not less than $100
nor more than $1,000 plus court costs and attorneys' fees. Each day
such a violation occurs, and each establishment for or on which it
occurs, shall constitute a separate and distinct violation of this
chapter.
3.
Remedies. In addition the foregoing penalty, the Township may require
the owner or occupant of an establishment to remove any accumulation
of municipal waste from that establishment, and should said person
fail to remove and adequately dispose of or recycle such solid waste
within five days following receipt of written notice to do so, said
failure shall constitute a violation of this chapter. Further, the
Township may at the end of said five-day period cause the municipal
solid waste to be collected and disposed of or recycled, in which
event the owner or occupant of the subject establishment shall reimburse
the Township for all costs and expenses incurred by it in said removal
and disposition.
[Ord. 08-2014-589, 8/28/2014, § 110]
This Township reserves the right to adopt, from time to time,
such additional rules and regulations as it shall deem necessary and
proper in connection with the collection of municipal solid waste,
which rules and regulations shall be and shall become a part of this
chapter.
