[Ord. 2017-537, 6/14/2017[1]]
This Chapter shall be known as the "Municipal Waste Collection
and Recycling Ordinance."
[1]
Editor's Note: This ordinance also provided for the repeal
of former Ch. 20, Solid Waste, Part 1, Collection and Removal, adopted
6/6/1966 by Ord. 135, as amended, and Part 2, Charge for Collection
and Removal, adopted 3/12/2003 by Ord. 414, as amended.
[Ord. 2017-537, 6/14/2017]
1.
ACT 101
ACT 97
ASHES
BULK ITEMS
GLASS
GRASS CLIPPINGS
HOUSEHOLD HAZARDOUS WASTE
LEAF WASTE
MUNICIPAL WASTE
PERSON
RECYCLABLE MATERIALS
REFUSE
RESIDENTIAL BUILDING
WHITE GOODS
YARD WASTE
As used in this Chapter, the following terms shall have the meanings
indicated:
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988, as amended.[1]
The Solid Waste Management Act of 1980, Act of July 7, 1980,
P.L. 380, No. 97, 35 P.S. § 6018.101 et seq., as amended.
The residue from the burning of wood, coal, or other combustible
materials for the purpose of heating and cooking.
Waste materials and durable goods too large for collection
in garbage bags or tote containers, such as discarded furniture, small
household appliances, fixtures and other such items, but excluding
hazardous waste, tires and white goods.
Products made from silica or sand, soda ash and limestone.
The product may be transparent (clear) or colored (e.g., brown or
green) and used as a container for packaging (e.g., jars) or bottling
of various matter. Expressly excluded are non-container glass, window
or plate glass, light bulbs, blue glass and porcelain and ceramic
products.
The cut off portion of vegetation produced from cutting of
a lawn, field or similar grassed area.
Small quantities of hazardous waste (as defined in the Solid
Waste Management Act) available to a person or entity on a retail
basis, such as pesticides, certain paints, paint thinners and solvents,
cleaning agents and automotive products.
Leaves, garden residues, shrubbery and tree trimmings, twigs
and similar material, but does not include grass clippings.
Any municipal waste as defined by Section 103 of the Solid
Waste Management Act and Section 103 of Act 101 and any rules and
regulations promulgated thereunder.
Any individual, firm, partnership, corporation, business,
association, institution, cooperative enterprise, trust, municipality,
municipal authority, federal or state institution or agency, other
governmental agency or any other legal entity or group whatsoever
which is recognized by law as the subject of rights and duties. In
any provision of this Chapter prescribing a fine, penalty or imprisonment
or any combination of the foregoing, the term "person" shall mean
the officers and directors of any corporation or other legal entity
having officers and directors.
Materials generated by a person that can be separated from
municipal waste and returned to commerce to be reused as a resource
in the development of useful products. Materials which shall be recycled
include but are not limited to: glass (clear, brown or green), aluminum,
bimetal cans; high-grade office paper, mixed paper, newspaper (including
newspaper inserts, junk mail and telephone books), corrugated paper,
magazines and other periodicals, plastic containers and other materials
as may be designated from time to time as recyclable materials.
The animal, fruit and vegetable waste resulting from the
handling, preparation, cooking and consumption of foods. It shall
not include free liquids, condemned food products or food-processing
wastes from industries such as canneries or packing plants.
Any building that contains up to 10 dwelling units in one
building. A residential building containing more than 10 dwelling
units shall be treated as a commercial property for purposes of this
Chapter unless the dwelling units are individually owned with individual
entrances.
Refrigerators, washing machines, dryers, window air conditioners,
hot-water heaters and other major home appliances.
Grass Clippings, Leaf Waste and other types of biodegradable
material and mixtures of decayed or decaying organic material.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
2.
All terms not separately defined in this Chapter that are contained
in Act 97 and Act 101 are incorporated herein by reference.
[Ord. 2017-537, 6/14/2017]
1.
The reduction of the amount of municipal waste and conservation of
recyclable materials is an important public concern by reason of the
growing problem of municipal waste disposal and its detrimental impact
on the environment.
2.
It is the intent of this Chapter to promote and regulate recycling
activities in the Borough and to protect the health, safety and welfare
of residents.
3.
This Chapter has been developed to meet and implement municipal responsibilities
established under Act 101.
[Ord. 2017-537, 6/14/2017]
1.
Borough Council may, from time to time, award a single hauler contract
to a municipal waste and/or recycling hauler for the collection of
all municipal waste and/or recyclable materials from residential properties
in accordance with the terms, conditions and specifications set forth
within any such contract with the single hauler.
[Ord. 2017-537, 6/14/2017]
1.
In the event the Borough of Red Hill enters into a single hauler contract for the collection and disposal of municipal waste and/or the collection of recyclable materials from all residences, residential buildings and municipal facilities located in the Borough, all persons within the Borough of Red Hill, other than those excluded under Paragraph 2 of § 20-107, shall dispose of municipal waste by the municipal collection service only, and no person shall transport or dispose of municipal waste by any means not approved by this Chapter or by the Borough Council.
2.
Borough Council is hereby authorized to contract for the collection
of municipal waste and/or recyclable materials and to award a contract
therefor, from time to time, for such period of time as shall be determined
by Borough Council, which contract shall require the contractor to
assume all responsibility for the collection of municipal waste and/or
recyclable materials in the Borough of Red Hill in accordance with
the provisions of this Chapter, all regulations, orders and specifications
provided under the authority thereof, and the requirements of Act
97 and Act 101. The aforesaid contract shall fix and regulate, in
a manner not inconsistent with the terms of this Chapter, the disposal
outside the boundaries of the Borough of Red Hill of all such municipal
waste and/or recyclable materials and the manner, method and time
of collecting and conveying solid waste and/or recyclable materials,
the type of equipment required for the purpose, the price to be paid
for the performance of said contract and the time or times for the
payment thereof.
3.
All municipal waste and/or recyclable materials to be collected pursuant
to this Section shall be placed curbside in separate containers for
waste and/or recycling to be supplied to residents by the contractor
selected by Borough Council to perform municipal waste and/or recycling
collection services. Residents may place municipal waste out for collection
on each designated collection day without volume restrictions, except
as may be set forth in the contract, and may further supplement the
hauler-provided waste and/or recycling containers with their own container(s)
or trash bag(s); provided, however, that excessively heavy containers
may be refused service by the municipal waste contractor.
4.
In the event collection of recyclable materials is awarded pursuant
to a single hauler contract, the Borough, in conjunction with the
hauler awarded the single hauler contract, shall promulgate and publish
a list of recyclable materials for curbside collection. The collection
of recyclable materials shall be in accordance with the frequency
specified in the single hauler contract and pursuant to the terms,
conditions and specifications of the single hauler contract.
5.
Properties within the Borough which are not subject to curbside collection
of municipal waste and/or recyclable materials under a single hauler
contract shall be required to contract with a reputable waste hauler
for the regular removal of municipal waste and/or recyclable materials
(collection of recyclable materials shall be at the option of the
property owner) in accordance with the requirements of Act 101, as
amended, and Act 97, as amended. No person shall be permitted to transport
or dispose of municipal waste by any means not approved by Act 101,
as amended, Act 97, as amended, or by this Chapter or by Borough Council.
6.
The Borough Council shall have the authority to make regulations
concerning the day of collection, type and location of municipal waste
and/or recycling containers and such other matters pertaining to the
collection and disposal of municipal waste and recyclable materials
as it may deem advisable and to change or modify the same after notice
as required by law, provided that such regulations are not contrary
to the provisions hereof. The Borough Council is further authorized
to arrange and establish dates, schedules and hours by contract with
the approved hauler for the collection of municipal waste and recyclable
materials in the various sections of the Borough and shall give public
notice thereof. Such schedules shall provide for at least one collection
each week for municipal waste and one collection each week for recyclable
materials throughout the year.
7.
The collection of bulk items may be limited by the municipal waste
hauler selected by the Borough, and the Borough may promulgate rules
and regulations for collection of bulk items consistent with the terms
of the contract.
8.
The Borough Council is authorized to make regulations concerning
the hauling over the streets of the Borough of Red Hill of municipal
waste collected outside of the Borough of Red Hill. No refuse shall
be hauled over the streets of the Borough except in a watertight vehicle
provided with a tight cover so as to prevent offensive odors escaping
therefrom and refuse from being blown, dropped or spilled therefrom.
No refuse shall be dumped or disposed of within the limits of the
Borough of Red Hill.
[Ord. 2017-537, 6/14/2017]
1.
Each person or entity who or which generates municipal waste in the
Borough is encouraged to separate recyclable materials from municipal
waste in accordance with Act 101 as implemented by the Borough. This
shall include tenants and lessees occupying leased properties.
2.
Every commercial, industrial, institutional and other nonresidential
establishment located in the Borough of Red Hill shall contract with
an individual, entity or firm which is a licensed municipal waste
collector by the Commonwealth of Pennsylvania, Department of Environmental
Protection, to have all the municipal waste and/or recyclable materials
generated on the premises by any of the occupants of the premises
removed and disposed of in accordance with this Chapter.
3.
Every person or entity located in the Borough of Red Hill must separate
household hazardous waste and leaf waste from municipal waste and
recyclable materials. It is the responsibility of each person or entity
to dispose of household hazardous waste in accordance with applicable
law.
4.
Municipal waste and recyclable material containers shall be placed
on the property owner side of the curb for collection. Enforcement
of container rules for placement at curbside shall be the responsibility
of the Borough. No such municipal waste containers or recyclable material
containers (other than containers supplied by municipal waste collectors)
shall weigh more than 50 pounds.
5.
The Borough specifically encourages every person or entity to let
grass clippings lay on the lawn to decompose as a natural organic
fertilizer in order to reduce the amount of grass clippings that are
disposed of as municipal waste. In the event that a person or entity
does not let grass clippings lay on the lawn after mowing, the Borough
further encourages such persons to provide for the composting of grass
clipping at a compost facility which accepts grass clippings. In accordance
with the requirements of Act 101, any grass clippings that are not
allowed to lay on the lawn or disposed of at an appropriate composting
facility may be comingled with other municipal waste and collected
curbside.
[Ord. 2017-537, 6/14/2017]
1.
All occupants of a residential dwelling or residential building are
encouraged to separate and recycle all recyclable materials being
collected curbside by the hauler under contract with the Borough.
2.
Commercial, industrial, institutional and other nonresidential establishments
are encouraged to separate and recycle the following: corrugated paper,
high-grade office paper, aluminum cans, bimetallic cans, No. 1 PET
plastics, No. 2 HDPE plastics, No. 4 LDPE plastics, No. 5 PP plastics.
3.
Hospitality establishments, including restaurants and taverns, are
encouraged to separate and recycle the following: cardboard, high-grade
office paper, newspaper (including newspaper inserts, junk mail and
telephone books), aluminum cans, bimetallic cans, No. 1 PET plastics,
No. 2 HDPE plastics, No. 4 LDPE plastics and No. 5 PP plastics.
4.
Community events. Recycling containers shall be provided at all community
events attended by 150 or more people. The disposal of recyclable
materials collected at such events shall be in accordance with the
provisions of this Chapter.
[Ord. 2017-537, 6/14/2017]
1.
Reporting and recordkeeping requirements.
A.
All municipal waste collectors shall deliver or send, at least once
every six months, an information sheet that identifies the materials
which may be recycled.
B.
Municipal waste collectors shall be responsible for obtaining weight
and volume data on all municipal waste and recyclable materials collected
by them in the Borough. Said data shall be supplied to the Borough
on a monthly basis upon completion of each month. Such report shall
include the name of the market or processor where recyclable materials
are delivered and shall be signed by an officer of the municipal waste
collector.
C.
Municipal waste collectors shall maintain records of their collection,
removal, transportation and hauling activities for the Borough and
make them available for inspection by the Borough.
2.
Collection, processing, marketing and reporting requirements.
A.
Each municipal waste collector operating in the Borough shall be
responsible for complying with the requirements of this Chapter and
any rules and regulations promulgated by Borough Council.
B.
The municipal waste collector shall be responsible for the processing
and marketing of the recyclable materials or the delivery of recyclable
materials to a recycling processor. Such activities may be conducted
by the municipal waste collector or any agent thereof or a private
entity conducting such business, a nonprofit entity able to undertake
such effort or any governmentally owned or operated facility capable
of such functions. Prior to initiating processing activities, the
municipal waste collector shall provide the Borough with the location
of the facility to which the recyclable materials will be delivered,
to the maximum extent possible. All such facilities shall be appropriately
licensed and permitted. Updates shall be provided as changes are made.
C.
A municipal waste collector shall not be permitted to allow recycling
containers or dumpsters to fill beyond capacity and shall schedule
the frequency of such collection accordingly.
D.
All municipal waste collectors shall keep records of the quantities
of recyclable materials collected in the Borough. The records shall
include the weight of the total quantities of recyclable materials
and total quantities of municipal waste and an estimate of the corresponding
volume of material for both recyclable materials and municipal waste.
Estimates of the individual components comprising the commingled recyclable
materials shall also be provided. Written reports shall be provided
to the Borough on a monthly basis and may be on reporting forms provided
by the Borough, shall include the name and location of the processing
center and/or recyclable materials dealer, and shall be submitted
in accordance with the time schedules established in this Chapter.
E.
Leaf waste quantities shall be recorded by the municipal waste collector
collecting such materials. Such quantities may be in the form of estimates
on either a cubic yard or tonnage basis collected, and written documentation
must be provided to the Borough on a monthly basis upon completion
of each month. The collector has the option of reporting tonnage either
in compacted or non-compacted cubic yards.
F.
Municipal waste collectors shall not collect refuse, recyclable materials
or any other wastes between the hours of 8:00 p.m. and 7:00 a.m. Eastern
standard time or, when applicable, between 8:00 p.m. and 7:00 a.m.
Eastern daylight saving time. Failure to comply with this provision
shall subject a municipal waste collector to enforcement by the Borough.
[Ord. 2017-537, 6/14/2017]
1.
All recyclable materials and municipal waste placed at curbside for
collection or in any container or dumpster designated for recyclable
materials shall become the property of the municipal waste collector
providing the service.
[Ord. 2017-537, 6/14/2017]
1.
Any person, volunteer organization or other entity may utilize alternative
methods, other than collection by a municipal waste collector, to
accomplish the purpose of reutilizing recyclable materials. Any such
person, volunteer organization or other entity shall register such
programs with the Borough. All recyclable materials tonnage data shall
be collected and reported to the Borough in accordance with all applicable
procedures for the reporting of such information.
2.
The Borough is authorized to permit an alternate recycling program
to be developed in accordance with Paragraph 1501(h) of Act 101 if
the requirements of that paragraph can be complied with. The Borough
shall, before implementation of the program, review and approve the
program. The municipal waste collector conducting the program must
provide annual written documentation to the Borough of the total quantity
of each material recycled.
[Ord. 2017-537, 6/14/2017]
1.
If required by the Borough's single hauler contract, municipal
waste collectors shall provide for the curbside collection of leaf
waste at least once during the spring and at least once during the
fall of each year. The collection of leaf waste may be augmented by
designation of a drop-off compost facility for haulers and residents
to utilize.
2.
Leaf waste collection shall be conducted by the municipal waste collectors
in accordance with regulations of DEP. All leaf waste shall be disposed
of in a DEP-permitted compost facility in accordance with all applicable
state guidelines.
3.
All municipal waste collectors shall provide the Borough with the
name and address of the facility where the leaf waste will be disposed
and report the quantity in tons or cubic yards. Leaf waste shall not
be commingled with any other municipal solid waste. The disposal of
leaf waste at a sanitary landfill, waste-to-energy facility or any
other non-composting facility is strictly prohibited.
4.
Leaf waste shall not be left in a form which obstructs the flow of
traffic or affects the performance of drainage facilities or catch
basins.
5.
The Borough may, at its option, designate or provide a drop off site
within the Borough for leaf waste pursuant to rules and regulations
governing such drop off facility for leaf waste. In the event the
Borough shall designate such a leaf waste drop off facility within
the Borough, the Borough shall publicize the location and operation
of the leaf waste facility by whatever means deemed desirable by the
Borough.
[Ord. 2017-537, 6/14/2017]
1.
It shall be unlawful for any person to collect, convey over any of
the streets or alleys of the Borough of Red Hill or dispose of any
municipal waste or recyclable materials accumulated in said Borough
in any manner not approved in this Chapter or in subsequent regulations.
2.
It shall be unlawful for any person to place any municipal waste
or recyclable materials in any street, alley or other public place,
or upon private property, whether owned by such person or not, within
the Borough, except if it is in a proper receptacle for collection,
which receptacle shall consist solely of a lidded container provided
by the municipal waste collector or other lidded container or sealed
plastic trash bag. No person shall throw or deposit any municipal
waste or recyclable materials in any stream or other body of water.
3.
It shall be unlawful for any person to allow any accumulation of
municipal waste or recyclable materials on any premises in the Borough
of Red Hill other than for the purpose of collection in the manner
provided by this Chapter, or by special regulation of Borough Council.
Any unauthorized accumulation of municipal waste or recyclable materials
on any premises is hereby declared to be a nuisance and is prohibited.
Failure to remove unauthorized accumulation of municipal waste or
recyclable materials within 15 days of notice to either the occupant
or owner shall be deemed a violation of this Chapter.
4.
It shall be unlawful for any person, other than the occupants of
the premises on which municipal waste receptacles are stored, or the
municipal waste collector, to remove the covers of any of the refuse
or recycling receptacles or to remove the municipal waste or recyclable
materials stored in such containers.
5.
It shall be unlawful to place in any containers provided for regular
collection any wearing apparel, bedding or municipal waste from premises
where highly infectious or contagious diseases have prevailed, or
any highly inflammable or explosive municipal waste.
6.
It shall be unlawful for any person to burn any municipal waste excepting
normal refuse accumulated from outdoor picnic and charcoal grilling.
7.
It shall be unlawful for any person to place any municipal waste
or recyclable materials bag, container or receptacle or municipal
waste/recyclable materials in any other form upon a public right-of-way,
the area adjacent to a public right-of-way or on or near a sidewalk
in the Borough of Red Hill prior to 12:00 noon on the day immediately
preceding the date on which municipal waste or recyclable material
is scheduled to be collected by the municipal waste collector.
8.
It shall be unlawful for any person to allow any municipal waste
or recyclable materials bag, container or receptacle or municipal
waste/recyclable materials in any other form to remain within a public
right-of-way, the area adjacent to a public right-of-way or on or
near a sidewalk in the Borough of Red Hill after 12:00 noon on the
day immediately following the date on which municipal waste or recyclable
material is scheduled to be collected by the municipal waste collector.
[Ord. 2017-537, 6/14/2017]
1.
Any person or entity who shall violate any provision of this Chapter
shall receive an official written warning sent certified mail, return
receipt requested from the Borough Solicitor. Thereafter, within two
years from the date of the written warning for the first offense,
any person or entity violating any of the provisions of this Chapter
shall be subject to a criminal fine of not more than $1,000 and not
less than $600 per violation, plus damages, court costs and reasonable
attorney's fees and imprisonment to the extent allowed by law
for the punishment of summary offenses. Enforcement of any such violations
shall be by action commenced by the Borough before a District Justice
in the same manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure.
2.
Nothing in this section shall be construed to limit the Borough's
remedies, which shall include but not be limited to, the filing of
actions at law or in equity seeking damages and/or injunctive relief.
[Ord. 2017-537, 6/14/2017]
The Borough Council shall impose upon each dwelling unit and residential building, as defined in § 20-102 of this Chapter, for the collection and removal of municipal waste and recyclable materials, appropriate charges and tipping fees based upon the contract by and between the Borough Council and the approved hauler who is collecting municipal waste and/or recyclable materials in the Borough of Red Hill.
[Ord. 2017-537, 6/14/2017; as amended by Ord. No. 2020-567, 9/9/2020]
Commencing in the 2021 calendar year and thereafter, all charges
and tipping fees imposed by Borough Council upon the owner of each
dwelling unit or residential building within the Borough shall be
due and payable to the Borough of Red Hill on or before June 30 of
each calendar year and shall be billed by the Borough of Red Hill
Tax Collector or any other person designated by the Borough Council.
[Ord. 2017-537, 6/14/2017; as amended by Ord. No. 2020-567, 9/9/2020]
Notwithstanding any other provision hereof, commencing in the
calendar year 2021 and thereafter, in the event that any municipal
waste collection charge or tipping fee imposed upon a dwelling unit
or residential building remains due or unpaid after December 31 for
trash collection services being rendered for the previous calendar
year, a late penalty of $30 shall be imposed on such municipal waste
charge and/or tipping fee, and the Borough of Red Hill may turn collection
of such charges and tipping fees over to a collection agency as established,
from time to time, by resolution of the Borough Council. Such collection
agency may impose such collection charges as authorized by resolution
of Borough Council and follow procedures set forth in any agreements
between the Borough of Red Hill and any such collection agency.
[Ord. 2017-537, 6/14/2017]
The Borough Council is hereby empowered to make any adjustments,
whether by increase or decrease, to the annual charges and/or tipping
fees for the collection of municipal waste and/or recyclable materials,
as set forth hereinabove, by means of a resolution passed by a majority
of the members of the Borough Council; said resolution may be passed
at any time.
[Ord. 2017-537, 6/14/2017]
Any owner of a dwelling unit or residential building who shall
fail to pay any municipal waste collection or recycling charge or
tipping fee, or part thereof, within three years of the date for which
the charge or tipping fee is imposed shall be in violation of this
Chapter and, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 and not less than $600, plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days.
