[Ord. 514, 8/8/2007]
This Part shall be known and referred to as the "Solid Waste
and Recycling Collection and Transportation Ordinance of Northampton
Township."
[Ord. 514, 8/8/2007]
1.Â
ACT 90
ACT 97
ACT 101
COLLECTOR OR WASTE HAULER
COMMERCIAL ESTABLISHMENT
COUNTY
DISPOSAL
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
LEAF WASTE
LICENSED COLLECTOR or LICENSED WASTE HAULER
MUNICIPAL WASTE
MUNICIPALITY
PADEP
PERSON
PROCESSING
RECYCLING
SCAVENGING
SOURCE-SEPARATED RECYCLABLE MATERIALS
TRANSPORTATION
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:
The Pennsylvania Waste Transportation Safety Act of 2002,
P.L. 593, No. 90, June 29, 2002, 27 Pa.C.S.A. § 6201 et
seq.
The Pennsylvania Solid Waste Management Act of 1980, P.L.
380, No. 97, July 7, 1980, 35 P.S. § 6018.601 et seq.
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988, No. 101, July 28, 1988, 53 P.S. § 4000.101
et seq.
Any person, firm, partnership, corporation or public agency
that is engaged in the collection and/or transportation of municipal
waste and/or source-separated recyclable materials.
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, offices, restaurants,
shopping centers and theaters.
The County of Bucks, Pennsylvania.
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 75 and 271).
Any establishment engaged in manufacturing or production
activities including, but not limited to, factories, foundries, mills,
processing plants, refineries, mines, and slaughterhouses.
Any establishment or facility engaged in services, including
but not limited to hospitals, nursing homes, schools and universities.
Leaves, garden residues, shrubbery and tree trimmings and
similar materials, but not including grass clippings.
A person who has written authorization from the PADEP under
Act 90 to collect, haul, transport and dispose of 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 definitions of "residual waste" or
"hazardous waste" under Act 97 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.
Any of the 54 minor civil divisions in Bucks County, Pennsylvania.
The Pennsylvania Department of Environmental Protection.
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.
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.
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.
The unauthorized and uncontrolled removal of any material
stored or placed at a point for subsequent collection or from a processing
or disposal facility.
Materials, including leaf waste, that are separated from
municipal waste at the point of origin or generation for the purpose
of recycling.
The off-site removal of any municipal waste at any time after
generation.
2.Â
For the purpose of this Part, the singular shall include the plural
and the masculine shall include the feminine and neuter.
[Ord. 514, 8/8/2007; as added by Ord. 539, 2/25/2009, § 1]
1.Â
Northampton Township, or authorized persons under contract by the
Township, shall collect, transport, process and dispose of all municipal
waste generated at residential properties within the Township. In
the event that the Township, or an authorized person or persons under
contract by the Township, does not collect, transport, process or
dispose municipal waste, then all persons owning or occupying residential
properties shall contract directly with a licensed collector or licensed
waste hauler for such services.
2.Â
All persons owning and occupying residential properties shall make
municipal waste available for collection at such times and dates as
may be established by regulation.
3.Â
All commercial, industrial, and institutional establishments located
in the Township shall contract with a licensed collector or licensed
waste hauler to have all municipal waste generated at the premises
occupied by such person, entity, or occupants of said premises removed
and deposited in a permitted landfill at a minimum of once per week.
[Ord. 514, 8/8/2007]
1.Â
It shall be unlawful for any person to collect and/or transport municipal
waste from any residential, public, commercial, industrial or institutional
establishment within Northampton Township without first securing written
authorization from the PADEP in accordance with the provisions of
Act 90.
2.Â
It shall be unlawful for any person to store, collect and/or transport
municipal waste or source-separated recyclable materials from any
sources within Northampton Township in a manner not in accordance
with the provisions of this Part, any applicable municipal ordinance,
the revised county plan, Act 90, Act 101, the minimum standards and
requirements established in 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.Â
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 Northampton
Township without prior approval from the municipality.
[Ord. 514, 8/8/2007]
1.Â
All collectors or waste haulers operating within Northampton Township
must comply with the following minimum standards and regulations:
A.Â
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, Act 97, Act 101,
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.Â
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.Â
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.Â
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.Â
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 signs shall
have lettering which is at least six inches in height, as required
by Act 101.
F.Â
All collection vehicles and equipment used by collectors or waste
haulers shall be subject to inspection by Northampton Township or
its authorized agents at any reasonable hour without prior notification.
[Ord. 514, 8/8/2007]
1.Â
No person shall collect or remove any municipal waste from within
Northampton Township without first obtaining written authorization
from PADEP in accordance with the provisions of Act 90 and providing
a copy of such written authorization to Northampton 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.Â
For a collector or waste hauler to collect and transport municipal
waste within Northampton Township, a collector or waste hauler shall
submit a registration form to Northampton Township, which shall include
a copy of his or her State-issued written authorization and a copy
of his or her municipal and residual waste transporter authorization
application (DEP Form 2500-PM-BWM0015), along with any of the following
information that may be deemed appropriate by the municipality:
A.Â
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 license number,
vehicle registration number, or company identification number); date
and location of most recent vehicle inspection; and hauling capacity
of the vehicle.
B.Â
The type of municipal waste to be collected and transported.
C.Â
Certificates of insurance evidencing that the waste hauler or collector
has valid liability, automobile and workmen's compensation insurance
in the minimum amounts established and required by separate resolution
of the governing body of the municipality.
D.Â
If he or she is hauling or collecting source-separated recyclable
materials in the municipality, 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.Â
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 Northampton Township.
4.Â
All licensed collectors and licensed waste haulers shall meet the
requirements of Act 90, Act 97, Act 101, the Bucks County Municipal
Waste Management Plan, and all PADEP rules and regulations (25 Pa.
Code, Chapter 285).
[Ord. 514, 8/8/2007]
1.Â
All licensed collectors and licensed waste haulers and collectors
and haulers of source-separated recyclable materials operating within
Northampton 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 municipality 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 Northampton Township shall prepare and submit
an annual report to the municipality 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 Northampton Township by January 31 of each year and include all
of the required information pertaining to the preceding calendar year.
2.Â
All annual reports submitted to the municipality 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 municipality on the official municipal recyclables documentation
reporting form to the county by February 28 of the year following
the reporting period.
[Ord. 514, 8/8/2007]
Any person who shall violate any provision of this Part, upon
conviction thereof, shall be sentenced to pay a fine of not more than
$1,000 plus costs and, in default of payment of said tine and costs,
to a term of imprisonment not to exceed 30 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 created an 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 Northampton
Township and may be subject to the revocation of the State authorization
to transport municipal waste, as described in Act 90.
[Ord. 514, 8/8/2007]
The Northampton 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.
[Res. R-02-01, 1/7/2002; as amended by Ord. 561, 4/25/2012]
1.Â
Collection Schedule. All solid waste other than bulky items, recyclable
materials and compostable materials shall be collected in accordance
with a twice-weekly schedule. Each household will have collection
dates either on Monday and Thursday, Tuesday and Friday, Wednesday
and Saturday in accordance with the attached map.[1] Every householder shall be notified by the contractor
at least once per month in advance of any change to the above-referenced
collection schedule.
[1]
Editor's Note: The map is on file in the Township offices.
2.Â
Holidays.
A.Â
There shall be no collection provided on the following holidays:
(1)Â
January 1, known as "New Year's Day."
(2)Â
The third Monday in February, known as "Presidents Day."
(3)Â
The fourth Monday of May, known as "Memorial Day."
(4)Â
July 4, known as "Independence Day."
(5)Â
The first Monday of September, known as "Labor Day."
(6)Â
Thanksgiving Day.
(7)Â
Christmas Day.
B.Â
Households whose collection day falls on these holidays shall be
skipped until the next regularly scheduled collection day.
3.Â
Hours and Days of Collection. Collection may commence at 6:00 a.m.
prevailing time and continue to completion, but shall end no later
than 6:00 p.m. except in cases of weather emergencies. No collections
shall be made on Sundays.
4.Â
Preparation of Collection. Garbage shall be thoroughly drained of
all water, wrapped securely in paper and/or plastic and placed in
a proper receptacle. Ashes, trash and rubbish shall be placed in a
receptacle used to contain the wrapped garbage. Where any such rubbish
is too bulky to be placed in a proper receptacle, it may be disassembled,
broken or cut up as much as practicable and placed on the curb on
the prescribed collection day. All such rubbish shall be securely
tied, where applicable, and shall be of such size that the longest
dimension thereof shall not exceed three feet and the total weight
thereof shall not exceed 50 pounds. Paper shall be secured or properly
tied into bundles and other packages in a manner designed to prevent
any scattering while the same is being handled by the collectors.
Packages shall be of a size and construction so as to permit ease
of handling by one man and shall in no event exceed 50 pounds in weight.
5.Â
Receptacles. The receptacles for refuse collection shall be waterproof
and shall not exceed 30 gallons in capacity. Residents are encouraged
to use metal and/or durable plastic receptacles.
6.Â
Collection Location. All household solid waste containers and/or
dumpsters shall be placed at the curb or within five feet of the roadway
by 6:00 a.m., but no earlier than 6:00 p.m. the previous day.
7.Â
Quantity. Each residential unit or household shall be entitled to
set out for collection on each collection day an amount of household
solid waste not to exceed six containers, receptacles, bundles, bags
or combination thereof. From December 16 to March 31 each residential
unit shall be entitled to set out for solid waste collection bundles,
receptacles, containers or combination thereof consisting of yard
waste. A maximum of five containers of yard waste is permitted. Tree
limbs and brush shall be prepared in accordance with compostable material
regulations (Article IV).
8.Â
Ashes. Ashes placed in refuse containers at the curbside for collection
must be cold and at least 24 hours old.
[Res. R-02-01, 1/7/2002; as amended by Ord. 561, 4/25/2012]
1.Â
Definition. "Bulky item(s) or waste" shall mean any large item(s)
of refuse, including, but not limited to, appliances, large auto parts,
furniture, and large trees and branches which require collection in
other than conventional compactor refuse collection vehicles.
2.Â
Collection Schedule. Bulky item collection shall be scheduled regularly
at least once per week. The bulky waste collection day shall be on
the second collection day of the week.
3.Â
Quantity and Collection Location. Each household may place one item
of bulky waste at the curb or at the regular collection location by
6:00 a.m., but no earlier than 6:00 p.m. the previous day.
[Res. R-02-01, 1/7/2002; as amended by Ord. 561, 4/25/2012]
1.Â
All persons within Northampton Township are required to participate
in the separation and recycling of materials to be placed at the curb
and separated from normal household solid waste for collection as
follows:
B.Â
Preparation for Collection.
(1)Â
Newspapers. Newspapers will be bundled and tied securely with
string or placed in paper bags prior to collection and removal. Newspaper
shall be bundled separately, and may include magazines and telephone
books. The total weight of such bundles or bags shall not exceed 50
pounds per collection.
(2)Â
Commingled materials, i.e., brown/amber/green/clear glass food
or beverage containers, steel, bimetal and aluminum food or beverage
containers, HDPE and PET plastic food or beverage containers. Commingled
materials shall be clean and all contents shall be removed therefrom.
Materials shall be placed in a special container designated for the
aforementioned provided by the Township and not mixed with other forms
of solid waste for collection, removal or disposal.
(3)Â
Recyclables/Containers. It shall be unlawful to place any recyclables
for the recycling collection service in unauthorized or defective
disposal containers, plastic bags or bundles not securely tied.
C.Â
Collection Location. Recyclable materials shall be placed for collection
at ground level on the property, within five feet of the roadway,
by 6:00 a.m., but no earlier than 6:00 p.m. the previous day in a
location at least 10 feet separate from which the household refuse
collection is made.
D.Â
Collection Schedule. Recyclable materials shall be collected on a
weekly basis according to the following schedule: For scheduling of
recyclable material pickup, the Township of Northampton shall be divided
into four districts. The boundary lines shall be in accordance with
the street map of Northampton Township attached to these regulations
(Attachment A).[1]
[1]
Editor's Note: Attachment A is on file in the Township
offices.
E.Â
Unlawful Activities.
(1)Â
It shall be unlawful for a person to collect, remove or dispose
of solid waste which consists of designated recyclables (clear glass
bottles, aluminum cans, commingled materials) combined with other
forms of solid waste.
(2)Â
It shall be unlawful for any person to scavenge any materials
delivered and deposited for disposal or collection except as otherwise
provided by these regulations.
F.Â
Alternative Collection. Any person may donate or sell recyclable
materials to individuals or organizations authorized by the municipality.
These materials must either be delivered to the individual's
or organization's site or they may be placed at the curb for
collection by said individual or organization on days indicated as
recyclable material collection days by the Township. Said individuals
or organizations may not collect recyclable materials on or immediately
preceding (within 24 hours) a regularly scheduled curbside collection
day. Nothing herein shall prohibit a private resident from recycling
his/her own recyclable materials by delivering the same to a recycling
facility.
[Res. R-02-01, 1/7/2002; as amended by Ord. 561, 4/25/2012]
1.Â
All persons within Northampton Township are required to participate
in the separation of compostable materials to be placed at the curb
and separated from normal household solid waste for collection from
April 1 to December 15 as follows:
A.Â
Definition. "Compostable materials" shall mean organic waste which
is capable of undergoing composting, i.e., yard waste, leaves, grass
clippings, etc.
B.Â
Preparation for Collection.
(1)Â
Compostable materials shall be placed either loose in approved
hard plastic or metal containers, or in biodegradable paper bags,
not to exceed 50 pounds in weight and set out at curbside in similar
fashion as normal household solid waste.
(2)Â
Trees and brush must be tied in bundles not to exceed 36 inches
in length or 18 inches in diameter. Each bundle shall not exceed 50
pounds in total weight.
(3)Â
When putting yard waste in cans for collection, tree and brush
branches may not extend out of and/or above the top of the trash can.
C.Â
Collection Location. Compostable materials shall be placed for collection
at ground level on the property, within five feet of the roadway,
prior to the time of collection on the appropriate collection day
but no earlier than 6:00 p.m. the previous day in the same location
from which the household refuse collection is made.
D.Â
Quantity. Each residential unit or household shall be entitled to
set out for collection on each collection day an unlimited amount
of yard waste, unlimited containers, receptacles, bundles, bags or
combination thereof consisting of compostable materials.
E.Â
Trees and Brush. Trees and brush must be tied in bundles not to exceed
36 inches in length or 18 inches in diameter. Each bundle shall not
exceed 50 pounds in total weight.
G.Â
Residential Composting. Any resident may engage in composting his/her
yard waste within the confines of his/her property. Nothing herein
shall prohibit a private resident from composting his/her yard waste
on his/her property.
[Res. R-02-01, 1/7/2002]
1.Â
All commercial and institutional establishments as defined in § 20-105 of Part 1 are required to participate in the program involving the separation and collection of recyclable materials to be placed at their designated indoor or outdoor refuse collection station and separated from normal commercial and institutional solid waste for collection as follows:
A.Â
Definition. "Recyclable materials" shall mean:
B.Â
Collection Schedule and Disposal.
(1)Â
Recyclable materials shall be collected on a scheduled day,
at least once per month, as arranged with a private collector licensed
to collect solid waste in Northampton Township.
(2)Â
Every commercial, institutional, and property owner shall ensure
that their recyclable materials are separated from solid waste and
provided to a licensed or otherwise bona fide recycling facility for
recycling; or if provided in mixed waste, to a private collector that
agrees to separate and recycle these materials.
C.Â
Reporting Requirements.
(1)Â
Each licensed hauler shall be required to complete and submit
to the Township or an agency designated by the Township on an annual
basis a source separation and recycling report on the form prescribed
and provided by the Township. The report shall contain the following
information:
(a)Â
Type and total amount of recyclable material collected and recycled
within that calendar year (to be provided by private collector).
(b)Â
Type and total amount of compostable material collected within
the reporting period (if any).
(c)Â
Type and total amount of all recyclable, compostable, and solid
waste material that is collected within the reporting period (to be
provided by private collector).
(2)Â
Every hauler shall submit to the Township or its designated
agency the source separation and recycling report on or prior to the
previous calendar year.
D.Â
Alternative Recycling Program. The Township Manager and/or his/her designee (hereinafter referred to as "Township Manager") is hereby authorized to exempt any and/or all commercial or institutional establishments located within Northampton Township from the requirements for separation and/or collection of recyclable materials as defined in these regulations if those establishments have otherwise provided for the recycling of those materials referenced in Subsection 1A above. To be eligible for an exemption under this section, the commercial or institutional establishment must be engaged in a program which can demonstrate through its source separation and recycling report that 25% of its total solid waste generated during the reporting period was recycled.