[HISTORY: Adopted by the Board of Commissioners
of the Township of Cheltenham 12-29-1977 by Ord. No. 1431 as Ch. 14, Art. V of
the Cheltenham Code. Amendments noted where applicable.]
A.
It is hereby declared to be a public nuisance, in
that the same is injurious to public health, for any owner or occupier
of land, improved or unimproved, in the Township to suffer or permit
thereon the accumulation of water that stagnates, waste matter or
rubbish or the growth of weeds, which public nuisance is hereby prohibited.
B.
Every such owner or occupier of land, whereon such
nuisance exists, is hereby required to remove the same, and upon failure
so to do within 10 days after receipt of notice thereof from the Director
of Public Works, Code Official, or Deputy Code Official of the Township,
the Township may cause the same to be removed, at the cost of the
owner or occupier and collect the cost thereof, together with a penalty
of 20% of such cost, from such owner or occupier; and may file a municipal
claim for the same or collect it by assumpsit.
[Amended 3-15-2005 by Ord. No. 2079-05; 6-27-2006 by Ord. No. 2109-06]
C.
Notice to remove may be served upon the owner if he
resides in the Township. If he is not a resident of the Township,
then such notice may be served upon the agent or tenant of the owner
or upon the occupant of the premises. If there is no agent or tenant
or occupant, then service should be by a written notice posted upon
the premises.
[Amended 4-19-1983 by Ord. No. 1563; 3-21-1989 by Ord. No.
1686]
It shall be unlawful for any person or persons
to open, disturb, molest, remove or take anything from any rubbish,
ashes or garbage situate along any public road or street, awaiting
removal by the Township authorities or its agents.
[Amended 3-21-1989 by Ord. No. 1686]
All refuse receptacles shall not be placed at
the curb for collection by any owner or occupier of any property more
than 12 hours before disposal time and must be removed from the curb
within 12 hours after the same has been emptied.
[Amended 3-21-1989 by Ord. No. 1686]
A.
From and after the passage of this chapter, it shall
be unlawful for any person to transport garbage, offal and swill through
and over the highways of the Township unless such material shall be
contained in airtight vehicles or receptacles so that no smells or
vapors shall escape therefrom in transportation.
B.
No person shall collect and transport garbage, offal
or swill in the Township without a special license given by the Board
of Township Commissioners so to do, and the cost of such license shall
be set forth from time to time by resolution of the Board of Commissioners.
[Amended 11-21-1995 by Ord. No. 1846-95]
C.
It shall be unlawful for any person within the limits
of the Township of Cheltenham to transport garbage from any other
township or municipality into the Township of Cheltenham to be therein
disposed of in any manner whatsoever, but this provision shall not
prevent the transportation of such material through the Township in
vehicles as hereinbefore described by those who have proper occasion
to transport the same from one municipality to another and their direct
course requires them to pass through the Township of Cheltenham.
D.
It shall be unlawful for any person in the Township
of Cheltenham to use offal, garbage or swill derived from any other
source than their own premises for the feeding of livestock of any
kind.
[Amended 3-21-1989 by Ord. No. 1686]
Hereafter it shall be unlawful for any person
or persons or corporations to bring or transport into the Township
of Cheltenham, by vehicle or conveyance of any kind, over any of the
streets or roads of the Township, any refuse, rubbish or garbage with
intent to deposit or dump the same upon any real estate or property
within the Township.
[Amended 3-21-1989 by Ord. No. 1686]
A.
The term "garbage" shall mean putrescible animal and
vegetable waste resulting from the handling, preparation, cooking
and consumption of foods, including animal carcasses and parts thereof.
[Added 5-2-1989 by Ord. No. 1690]
A.
ACCEPTABLE WASTE
COMPANY
CONTRACTOR
COUNTY
COUNTY ORDINANCE
COUNTY SYSTEM or SYSTEM
DATE OF COUNTY SYSTEM OPERATION
EXISTING CONTRACT
FACILITY
FACILITY AGREEMENT
GLASS
LEAF WASTE
MUNICIPAL COMMITMENT
MUNICIPALITY
MUNICIPAL WASTE
MUNICIPAL WASTE AUTHORITY
NEWSPAPER
NONPROCESSIBLE WASTE
PERSON
PLAN
POINT OF ENTRY INTO THE COUNTY SYSTEM
PROCESSIBLE WASTE
RECYCLABLES
RECYCLING or RECYCLED
RESIDENTIAL COMPONENT
SERVICE AGREEMENT
SOURCE SEPARATION
UNACCEPTABLE WASTE:
(1)
(2)
(3)
(4)
(5)
WHITE GOODS
As used in this chapter, the following terms shall
have the meanings indicated:
Municipal waste which is collected from the general public,
or is otherwise consistent with Section 7701(e)(3)(B) of the Internal
Revenue Code of 1986, as amended, which is not unacceptable waste.
Dravo Energy Resources of Montgomery County, Inc.
Dravo Operations of Montgomery County, Inc.
County of Montgomery, Pennsylvania.
An ordinance enacted by the county creating the county system,
providing for the licensure of various persons, regulating waste flow
and setting forth certain related provisions.
The County Solid Waste Management and Disposal System created
by the county and every aspect thereof, including but not limited
to equipment, transfer and resource recovery facilities, residue disposal
sites, contractual arrangements or other rights, owned, acquired,
leased, placed under contract, constructed or assumed, operated or
to be owned, acquired, leased, placed under contract, constructed,
operated or assumed by the county or any agent, designee or contractor
in connection with the plan.
That date on which the county system shall be declared by
the county to be ready to commence the disposal of acceptable waste
on a sustained basis.
Any agreement or contract fully executed prior to the effective
date of this chapter for the collection, disposal or transportation
of municipal waste generated within this municipality.
The mass burn resource recovery and electric generating facility,
together with appurtenant structures and equipment, to be constructed
on a site in Plymouth Township, Montgomery County, as contemplated
by the facility agreement.
The amended and restated facility agreement among the company,
contractor and the Montgomery County Industrial Development Authority,
as such may be further amended from time to time.
All products made from silica or sand, soda ash and limestone;
the product may be transparent, translucent or colored and may be
used as a container for packaging or bottling, but shall not include
ceramics, plate glass, mirrors, light bulbs or headlights.
[Amended 6-26-1990 by Ord. No. 1717-90; 2-21-1995 by Ord. No. 1820-95]
Leaves not privately composted, excluding grass, garden residues,
shrubbery, tree trimmings and similar material.
[Amended 2-21-1995 by Ord. No. 1820-95]
The obligation of each participating municipality to deliver
or cause to be delivered to the county system of the residential component
of its municipally generated acceptable waste and such other acceptable
waste as the participating municipality and the county may hereafter
agree to include in such municipal commitment.
The Township of Cheltenham, a township of the First Class
located within the County of Montgomery, Commonwealth of Pennsylvania.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including liquid, semisolid or contained gaseous
material, resulting from the operation of residential, municipal,
commercial or institutional establishments and from community activities.
The term does not include source-separated recyclable materials.
[Amended 6-26-1990 by Ord. No. 1717-90; 2-21-1995 by Ord. No. 1820-95]
The Waste System Authority of Montgomery County created by
the county for purposes relating to municipal waste processing and
disposal and/or the Intermunicipal Agreement (IMA) for the Disposal
of Municipal Solid Waste and the County Waste Flow Ordinance.
Paper of the type commonly referred to as "newsprint," "junk
mail," "flyers," "magazines," "gloss paper" and "telephone book covers,"
excepting books.
[Amended 6-26-1990 by Ord. No. 1717-90; 2-21-1995 by Ord. No. 1820-95]
That portion of acceptable waste which consists of white
goods, automobile tires in quantity or noncombustible items, stumps,
logs, brush and other waste which either weighs in excess of 25 pounds
or exceeds one of the following dimensions: four feet in length, four
inches in diameter or four inches in thickness.
Includes a lessee as well as an owner of a residence, and
includes a person, firm or corporation who or which owns a residence
or business.
[Amended 6-26-1990 by Ord. No. 1717-90; 2-21-1995 by Ord. No. 1820-95]
The county-wide municipal waste management plan developed
by the county and approved by the Pennsylvania Department of Environmental
Protection and Energy, as such may hereafter be amended or modified
in compliance with law.
Any delivery point within the county system designated by
the county for delivery of municipal waste.
That portion of acceptable waste which is not nonprocessible
waste.
Materials generated by businesses or consumers, which can
be separated from municipal waste and returned to commerce to be reused
as a resource in the development of useful products. Recyclables include
the following: clear glass, colored glass, aluminum, steel and bimetallic
cans, plastics, leaf waste, high-grade office paper, newsprint, junk
mail, flyers, magazines, gloss paper, telephone book covers, corrugated
paper and other certain types of cardboard materials. Cardboard, in
this case, shall include most product items, such as pizza boxes,
shoe boxes, egg cartons, gift boxes, corrugated boxes, and cereal
boxes, and shall not include laminated or wax-coated products, such
as milk cartons, orange juice cartons, frozen food boxes, and ice
cream boxes. All non-cardboard contents and any plastic or metal strapping
shall be removed for all cardboard material. Staples, tape and mailing
labels may remain. Any other matter, material or waste not listed
within the definition of "recyclables," as defined in this chapter,
shall not constitute recyclables.
[Amended 6-26-1990 by Ord. No. 1717-90; 2-21-1995 by Ord. No. 1820-95; 12-19-2000 by Ord. No. 1974-00; 5-22-2007 by Ord. No. 2133-07; 1-17-2018 by Ord. No. 2363-18]
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 operation of energy.
All acceptable waste generated by households within the Township,
exclusive of multiple-family dwellings which are not included in the
calculation of the residential component pursuant to regulations of
the county.
The amended and restated Municipal Solid Waste Disposal Service
Agreement by and between the county and Dravo Operations of Montgomery
County, Inc., or any successor thereto, as such may be further amended
from time to time.
The segregation and collection, prior to the point of entry
into the county system, for the purpose of recycling of individual
components of acceptable waste, such as (without limitation) bottles,
cans and other materials in accordance with Act 101.[1]
Explosives, pathological and biological waste,
residual waste and hazardous waste, radioactive materials, sludges,
cesspool or other human waste, human and animal remains, motor vehicles,
liquid waste, contained gaseous materials which may pose a hazard
to the facility or the community, hazardous substances as defined
in the Federal Comprehensive Environmental Response, Compensation
and Liability Act, as it may be amended from time to time hereafter,
and any analogous federal, state or local law, ordinance, rule or
regulation as may be applicable at the time of delivery of waste to
the facility and commercial waste which is not permitted by law to
be treated and disposed of in the facility.
Any item of waste either smoldering or on fire.
Construction and demolition debris, ashes, incinerator
residue and foundry sand.
Wastes in quantities and concentrations which
require special handling in their collection and/or processing, including
medical or other red bag waste.
All other items of waste which, at the time
of delivery to the facility, would be likely to pose a threat to health
or safety or have been prohibited by any valid and enforceable judicial
decision, order or governmental action from being accepted by the
facility.
Refrigerators, washing machines, dryers, window air conditioners,
hot-water heaters and other major home appliances.
[1]
Editor's Note: See the Municipal Waste Planning,
Recycling and Waste Reduction Act, 53 P.S. § 4000.101 et
seq.
B.
All other words and phrases shall have the same meanings
as set forth in the Solid Waste Management Act of the Commonwealth
of Pennsylvania, Act of July 7, 1980, P.L. 380, No. 97, 35 P.S. § 6018.101
et seq. (Purdon Supp. 1985) (Act 97), or the Municipal Waste Planning,
Recycling and Waste Reduction Act of the Commonwealth of Pennsylvania,
Act 101 of July 28, 1988, P.L. 556 (Act 101),[2] as they may hereafter be amended or supplemented by legislation
regarding municipal waste management or planning, or as set forth
in the IMA, facility agreement or service agreement. To the extent
that any definition herein varies from the definition in the IMA,
the definition in the IMA shall control.
[2]
Editor's Note: See 53 P.S. § 4000.101
et seq.
[Added 5-2-1989 by Ord. No. 1690]
A.
No person who is not duly licensed or deemed to be
licensed by the county may collect or transport municipal waste located
or generated within the Township of Cheltenham. This waste collection
or transportation license shall be a county license issued by the
county or the Municipal Waste Authority. The Township of Cheltenham
shall administer such license upon request of the county or the Municipal
Waste Authority.
B.
In carrying on activities related to solid waste collection
or transportation within this the Township of Cheltenham, all municipal
waste collectors and all municipal waste transporters shall comply
with the county ordinance, this chapter and the other municipal waste
flow ordinances and all rules and regulations pertaining to the collection,
transportation and disposal of solid waste as may be hereafter promulgated
by the Township of Cheltenham or by the Municipal Waste Authority
or the county. Delivery by such collectors or transporters to the
county system of unacceptable waste, nonprocessible waste (except
for white goods) and waste from unapproved sources is prohibited.
C.
Licenses hereunder shall be issued and revoked by
the county or the Municipal Waste Authority and administered by them
or, at their request, by the Township of Cheltenham. Any collectors
or transporters who fail to comply with the provisions of this chapter
shall be subject to any applicable sanctions in addition to the revocation
of their licenses.
D.
Collection
of garbage, refuse, rubbish and recyclables from retail, commercial,
industrial, and institutional establishments and multi-resident dwellings
is prohibited after 7:30 p.m. and prior to 7:30 a.m., prevailing time.
[Added 6-16-2009 by Ord. No. 2187-09]
[Added 5-2-1989 by Ord. No. 1690]
A.
Except as provided below, all acceptable waste generated
within the Township of Cheltenham shall be delivered to the county
system, and all acceptable waste collectors and transporters shall
deliver to and dispose of all acceptable waste collected or generated
within the Township of Cheltenham to solid waste facilities designated
in the plan at one or more points of entry into the county system
as designated from time to time by the county or the Municipal Waste
Authority.
B.
Disposal of municipal waste collected or generated
within the Township of Cheltenham may occur at other sites only as
permitted by rule, regulation, ordinance or order duly issued by the
county or Municipal Waste Authority or by the written agreement of
the county or Municipal Waste Authority and the Township of Cheltenham.
C.
Nothing herein shall be deemed to prohibit source
separation or recycling or to affect any sites at which source separation
or recycling may take place.
[Added 5-2-1989 by Ord. No. 1690]
A.
The collection, transportation and disposal of municipal
waste present or generated within the Township of Cheltenham shall
be subject to such further reasonable rules and regulations as may
from time to time be promulgated by the county, including any amendments
to the County Waste Flow Ordinance and to such reasonable rules and
regulations as may be adopted by the county or the Municipal Waste
Authority, including, without limitation, regulations relating to
the operation, management and administration of the county system,
applications and standards for licensing, requirements for payment
bonds or other payment security, including but not limited to meeting
liability insurance requirements, fees to be charged for such licensing,
the terms of licenses, procedures, recordkeeping, transportation routes,
payment for services, billing for shortfalls, sanctions for nonpayment
and other matters. To the extent that the Township of Cheltenham is
engaged in the administration of any licenses pursuant to a written
agreement with the county as required in Section 303(d) of Act 101[1] and as provided in the County Waste Flow Ordinance, it
shall do so in accordance with the foregoing rules and regulations
and, in any event, at the direction of the county.
[1]
Editor's Note: See 53 P.S. § 4000.303(d).
B.
Rules and regulations adopted by the county or Municipal
Waste Authority for the county system shall be deemed rules and regulations
adopted under this chapter. The Township of Cheltenham shall abide
by such rules and regulations and will not adopt any rules and regulations
to the contrary.
C.
No rules or regulations adopted by the Township of
Cheltenham pursuant to this chapter shall be in violation of, inconsistent
with or less stringent than the provisions of this chapter, the other
municipal waste flow ordinances, the County Waste Flow Ordinance,
the plan, the provisions and purposes of Act 97,[2] Act 101,[3] or regulations adopted thereunder, or such other laws,
regulations or requirements as may be enacted by the United States
of America, the Commonwealth of Pennsylvania, the Pennsylvania Department
of Environmental Protection and Energy or the Pennsylvania Environmental
Quality Board governing municipal waste planning, collection, storage,
transportation, processing or disposal.
D.
Enforcement of waste flow control and the terms of
any duties established pursuant to the County Waste Flow Ordinance,
the other municipal waste flow ordinances and this chapter will be
the responsibility of the county or the Municipal Waste Authority
or the municipalities at the direction of the county or the Municipal
Waste Authority.
[Added 5-2-1989 by Ord. No. 1690; amended 10-21-2008 by Ord. No.
2164-08]
A.
Cheltenham Township provides municipal waste collection for all residents, and all residents are required to participate in the Township's Municipal Waste Collection Program, except for those apartment houses, condominium associations and other multiresident dwellings as noted below in Subsections B(3) and (4).
B.
An annual survey of all generators of municipal waste
and of all municipal waste and of all municipal waste collectors and
municipal waste transporters, any landfill operators, any transfer
station operators or any other parties involved in the collection,
transportation, processing or disposal of municipal waste of the Township
of Cheltenham shall be conducted by an engineering consultant designated
by the county waste authority. Such engineering consultant shall estimate,
based on such survey, the amount of each type of municipal waste of
the Township of Cheltenham expected to be generated in the following
year, after recycling, in total and in each of the following categories:
(1)
Municipally collected.
(2)
Municipally contracted.
(3)
Municipal waste disposal arranged for by the residents.
(4)
Municipal waste disposal arranged for by apartment
houses, condominium associations and other multiresident dwellings.
(5)
Municipal waste disposal arranged for by commercial
establishments.
(6)
Other.
C.
All persons who are the subject of this survey are
required to cooperate in the taking and preparation of the survey.
D.
In connection with the annual survey, pursuant to
the IMA, at the beginning of the first operating year and at least
150 days prior to the beginning of each subsequent operating year,
the county and the Township of Cheltenham shall jointly specify the
size of the projection of the Township of Cheltenham's municipal commitment
for such operating year, which projection shall be equal to the amount
of the Township of Cheltenham's residential component (as reasonably
determined by an engineer retained by the county waste authority for
this purpose, after taking into account any and all information provided
by the Township of Cheltenham) plus any other amounts agreed upon
by the county and the Township of Cheltenham. This projection will
be net of any waste removed as a result of source separation. This
projection shall be adjusted by the county from time to time following
consultation with the Township of Cheltenham, as when the county determines
that such projection was incorrect, and from year to year in accordance
with the experience of the previous year and the volume anticipated
in the coming year.
E.
At the time that the county and the Township of Cheltenham
make the foregoing projection, the Township of Cheltenham shall assist
the county in projecting the total amount of acceptable waste expected
to be generated within the Township of Cheltenham during the forthcoming
operating year.
F.
Based upon the foregoing projections, the county shall
make projections of total tonnage and projections of monthly tonnage
as required pursuant to any applicable disposal agreements, including
the service agreement with respect to the facility. The county shall
use its best efforts to maximize the tonnage delivered to the facility
up to the maximum capacity of the facility.
[Added 5-2-1989 by Ord. No. 1690]
A.
The Township of Cheltenham shall not construct, enlarge,
operate or contract for or renew any contract for any facility or
hauling to any facility, other than a facility designated by the county
pursuant to the IMA or regulations promulgated by the county pursuant
to the IMA, for, or enter into or renew any contract for, the treatment,
processing and/or disposal of municipally generated acceptable waste
except as shall conform to the county ordinance and this chapter as
the county may expressly agree to in writing. In addition, the Township
of Cheltenham shall take all such action as may be necessary to ensure
that all of its obligations will be met once the county system is
operational. The Township of Cheltenham shall agree to use its best
efforts to assign its rights under any contract concerning the use
of any disposal facilities or transfer stations to which it was a
party, to the county on the effective date of the IMA. Any such assigned
contract shall become part of the county system; provided, however,
that with respect to any such contracts for which assignment is not
possible, the Township of Cheltenham shall act at the direction of
the county with respect to such contract, and such contract shall
be deemed to be part of the county system.
B.
No person shall enter into any contract or conduct
any other activity concerning the collection, transportation, processing
or disposal of municipal waste in the Township of Cheltenham in contravention
of the terms of the County Waste Flow Ordinance, this chapter or any
rules and regulations issued thereunder.
C.
Nothing contained in this chapter shall interfere
with the operation of any program for recycling.
[Added 6-26-1990 by Ord. No. 1717-90; amended 2-21-1995 by Ord. No. 1820-95]
A.
Establishment of program; grant or power. Cheltenham
Township hereby establishes a Recycling Program for the mandatory
separation and collection of the recyclables stated above from all
residences, businesses or institutions in Cheltenham Township for
which waste collection is provided by Cheltenham or any other collector.
Collection of the recyclables shall be made by Cheltenham Township,
its designated agent or any other solid waste collectors operating
in Cheltenham Township.
[Amended 1-17-2018 by Ord. No. 2363-18]
B.
Establishment of collection guidelines. The Superintendent
of the Public Works Department is hereby authorized and empowered
to establish guidelines on the manner, days and times of collections
of recyclables and the bundling, handling, location and time of placement
of such materials for collection.
[Amended 1-17-2018 by Ord. No. 2363-18]
C.
Single-family residential recycling. Henceforth, residents
living in single-family housing and those other residents receiving
Township trash collection services shall be required to separate from
other solid waste placed for collection the following recyclables:
[Amended 1-17-2018 by Ord. No. 2363-18]
D.
Multifamily residential recycling. Henceforth, residents
living in multifamily housing having four or more units and residents
who are not provided with Township solid waste collection services
shall be required to separate from municipal waste placed for collection
the following recyclables:
[Amended 1-17-2018 by Ord. No. 2363-18]
(1)
Leaf waste.
(2)
At least three items from municipal waste generated
at their homes chosen from the following: clear glass, colored glass,
aluminum, steel and bimetallic cans, high-grade office paper, newsprint,
junk mail, flyers, magazines, gloss paper and telephone book covers,
corrugated paper and plastic food or beverage containers.
E.
Commercial, institutional, and municipal recycling.
Henceforth, commercial, institutional, and municipal establishments
as well as community activities or events shall be required, at a
minimum, to separate from other solid waste placed for collection
the following recyclables:
[Amended 1-17-2018 by Ord. No. 2363-18; 5-19-2021 by Ord. No. 2426-21]
F.
Establishment of collection system. An owner, landlord
or agent of an owner or landlord of a multiunit residential, commercial,
institutional or business property and a homeowners' association of
any condominium, planned residential development or cluster development,
where such complex is comprised of four or more units, shall establish
a collection system for recyclables at such complex. The collection
system must include suitable containers for collection and sorting
of materials, easily accessible locations for the containers and written
instructions to the occupants concerning the use and availability
of the collection system. Arrangements shall be made by such owner,
landlord, agent or homeowners' association for collection of these
materials by private contractor. Owners, landlords, agents and homeowners'
associations shall not be liable for the noncompliance of occupants
with their obligation to separate recyclables.
[Amended 1-17-2018 by Ord. No. 2363-18]
G.
Hazardous waste. Hazardous waste, hazardous waste
containers and improper recyclables shall not be placed for pickup
with recyclables. It is the responsibility of the person or entity
required to separate recyclables to arrange for the disposition of
hazardous waste as required by law.
[Amended 1-17-2018 by Ord. No. 2363-18]
H.
Ownership of recyclables. All recyclables placed for
collection by the Township pursuant to this section shall, when thus
placed, become the property of the Township. However, any resident
may donate or sell recyclables to any person, firm or corporation,
whether operating for profit or not, provided that the receiving person,
firm or corporation shall not collect such donated recyclables from
the collection of a residence without prior written permission from
the Township.
[Amended 1-17-2018 by Ord. No. 2363-18]
I.
An owner, landlord or agent of an owner or landlord
of a commercial, institutional or industrial establishment or of a
residential dwelling not receiving township recycled waste collection
services shall annually report the total number of tons of municipal
waste which have been recycled in the previous year to the Director
of the Public Works Department on a form and in such time and manner
as prescribed by the Director for such purpose. Such owner, landlord
or agent shall have a written contract with the entity providing recycled
waste collection services and shall make it available to the Director
of the Public Works Department, together with such other evidence
or information as the Director deems appropriate to confirm the information
reported.
[Added 3-21-1995 by Ord. No. 1826-95]
J.
Collectors of municipal waste from commercial, institutional or industrial establishments or from a residential dwelling not receiving township recycled waste collection services shall annually report to the Director of Public Works the owners and the addresses of all such establishments, the amount of municipal waste collected, the total amount of recycled municipal waste collected and marketed and an estimate of the amount of recycled municipal waste collected and marketed from each client. For all materials marketed, collectors shall provide the Township with documentation on the letterhead of the market or on forms provided by the market, signed by an authorized representative verifying the type and weight of the materials received. Estimates of weight will not be accepted except in cases where the material is packaged in uniform bales and the average weight of a bale can be demonstrated; or when multiple generators contribute to a known quantity of marketed material and the collector or market estimates the quantities allocatable to any individual establishment and verifies the estimate with his/her signature. Upon receipt of such information, the Director of Public Works may waive the requirement set forth in Subsection I above.
[Added 3-21-1995 by Ord. No. 1826-95]
K.
Enforcement. Any person, firm or corporation who or
which shall violate the provisions of this section shall receive an
official written warning of noncompliance for the first offense. Thereafter,
all such violations shall be subject to the penalties provided for
violation of this chapter. In addition to all other remedies, the
Township reserves the right to not collect municipal waste containing
materials required to be recycled in combination with nonrecyclable
materials.
L.
Cardboard materials. Residents living in single-family
housing and those other residents receiving Township curbside collection
services of trash pick-up must recycle cardboard, separate from other
recyclables. It shall be disposed of in the recycling containers provided
by the Township for curbside collection. The cardboard may be commingled
together with the paper, newsprint, and paper junk mail, provided
it fits in the rectangular containers provided to each household by
the Township. All other cardboard that cannot be broken and cut down
and disposed of in the recycling containers must be brought to one
of the Township’s two designated drop-off facilities: 1) Waverly
Road Compost Facility or 2) the Public Works facility.
[Added 12-19-2000 by Ord. No. 1974-00; amended 5-22-2007 by Ord. No. 2133-07; 1-17-2018 by Ord. No. 2363-18]
[Added 5-2-1989 by Ord. No. 1690]
The county will create a Municipal Waste Authority
to administer the terms of the County Waste Flow Ordinance and to
operate the county system. This Authority shall be recognized as having
the power to act in place of the county, to the extent determined
by the county.
[Added 5-2-1989 by Ord. No. 1690]
A.
It shall be unlawful for any person to:
(1)
Violate, cause or assist in the violation of any provision
of this chapter, any rule, regulation or order promulgated hereunder
or any rule, regulation or order promulgated by the county or the
Municipal Waste Authority consistent with this chapter.
(2)
Transport, process, treat, transfer or dispose of
or cause to be processed, treated, transferred or disposed of municipal
waste generated within the municipality except as provided for in
this chapter.
(3)
Collect or transport municipal waste present or generated
within the municipality without a valid license for collection or
transportation issued by the county or the Municipal Waste Authority.
(4)
Hinder, obstruct, prevent or interfere with the municipality,
the Municipal Waste Authority or the county or their personnel in
the performance of any duty under this chapter or in the enforcement
of this chapter.
(5)
(6)
Dispose of, or cause to be disposed of, processed, treated, or transferred
in the recycling waste stream any matter, material, or waste which
does not constitute recyclables.
[Added 1-17-2018 by Ord.
No. 2363-18]
B.
Any unlawful conduct set forth above shall constitute
a public nuisance.
[Added 5-2-1989 by Ord. No. 1690]
Upon finding that any person has engaged in unlawful conduct as defined in this chapter, the Municipal Waste Authority or the county may revoke any license issued to that person, and the Municipal Waste Authority or the county may deny any subsequent application by that person for a license pursuant to § 161-8 hereof.
[Added 5-2-1989 by Ord. No. 1690]
A.
In addition to any other remedy provided in this chapter, the Township of Cheltenham or the county may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this chapter for an injunction to restrain a violation of this chapter or rules, regulations, orders or the terms of licenses promulgated or issued pursuant to this chapter. In addition to an injunction, the court may impose penalties as authorized by § 161-19 hereof.
B.
The penalties and remedies prescribed by this chapter
shall be deemed concurrent. The existence or exercise of any remedy
shall not prevent the Township of Cheltenham or the county from exercising
any other remedy provided by this chapter or otherwise provided at
law or equity.
[Added 12-18-1990 by Ord. No. 1727-90; amended 1-21-1992 by Ord. No. 1745-92]
A.
The Township shall charge each owner of property improved
with three or fewer single-family residential dwelling units for the
collection and disposal of municipal waste and recyclables at a rate
to be set forth from time to time by resolution of the Board of Commissioners[1] paid in advance per calendar year. Such charge shall not
apply to commercial and industrial establishments and/or properties
improved with more than three single-family residential dwelling units
where refuse collection and disposal services are not provided by
the Township.
[Amended 11-21-1995 by Ord. No. 1846-95]
B.
All bills for the collection of this charge shall
be forwarded to affected property owners in such time and in such
manner as may be directed to the Board of Commissioners. A discount
of 2% shall be allowed if payment is made of the whole amount thereof
within two months after the date of the bill; a penalty of 10% shall
be added if payment is not made within four months after the date
of the bill. Thereafter, interest at the rate of 6% per annum shall
accrue. If payment is not made on or before December 31 of the year
in which the bill is rendered, such charges, together with penalty
and interest, shall be liened in accordance with law.[2]
[Amended 8-21-1990 by Ord. No. 1719-90; 11-21-1995 by Ord. No. 1846-95]
Any person or legal entity violating the provisions
of this chapter shall, upon summary conviction before a District Justice,
pay a fine of not more than $600, together with costs of suit, collectible
in the manner provided by law. Each violation after notice of an offense
or service of a summons shall constitute a distinct and separate offense.